Friday, January 06, 2006

Over at my election law blog I have a post citing the Utah Supreme Court talking about how defendants could have relied on the state constitution - instead, they only cited the 4th Amendment, and the US Supreme Court has taken the case and may reverse the supression order. The issue is whether cops should have knocked before entering a party to stop a fight.
I have a two part question: is there any ethical duty to raise state constitutional claims, and is it ever malpractice to fail to do so?

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