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6 Cards in this Set
- Front
- Back
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Access to Courts- Griffin v. Illinois
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The state may not impose appellate filing fees or charge for a transcript on appeal if that would preclude access to the appellate process. Indigent was requesting a trial transcript but he couldn’t afford it and the state refused to provide it. Certain types of rights in the criminal appellate process where fundamental that an indigent could not be deprived to obtain a trial transcript.
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Access to Courts- Douglas v. California
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A poor person charged with a crime has a right to free counsel at trial and on appeal. If you were too poor to hire an attorney to argue on appeal, the states were obligated to provide one No right to Supreme court filing.
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Access to Courts- MLB v. SLJ
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SC declared unconstitutional the fee for preparation of trial record in order to appeal termination of custody. Ginsburg discussed fundamental rights involved, including family, marriage, etc..
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Right to Travel- Shapiro v. Thompson
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Facts: State required residents to live within the state for one year before they were eligible to receive state welfare.
SC applied strict scrutiny and struck down as violation of EP. Discriminates on the ability to exercise fundamental right-interstate traveling. Why is interestate travel fundamental? 1. Precedent. 2. Commerce clause. 3. Privileges and immunities clause. 4. political significance. |
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Right to Travel- Memorial Hospital v. Maricopa County
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Revival of privileges and immunities. AZ law prohibited people from receiving free care in emergency hospital for nonresidents. State claimed budgetary and record keeping interest. SC applied strict scrutiny and held that it penalized or burdened indigents in exercising their right to migrate.
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Right to Travel- Saenz v. Roe
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SC declared unconstitutional a law that limited welfare benefits for new residents to state level from the state they moved from for their first year of residency.
Stevens struck down the law based on P&I as it protects the rights to a new resident to be treated the same as longer term residents. He applies strict scrutiny. Stevens breaks down 3 prohibitions under P&I. 1. Right of citizens to travel between states. 2. Going to another state temporarily and attempting to invoke privilege. 3. Changing residences for purposes of becoming resident. |
