STATES OF PLAY

Can advocates use state supreme courts to preserve-and perhaps expand-constitutional rights?

- EYAL PRESS

In November, 2020, Lauren McLane, a professor at the University of Wyoming College of Law, was forwarded a letter from Christopher Hicks, an incarcerated man who’d been sentenced to life without parole for his role in a murder. The letter was part of a petition, prepared by Hicks, laying out “all the pertinent information, charges and reasons” that he deserved consideration for a pardon. The murder, he wrote, had been carried out fifteen years earlier by another man, who entered the victim’s house while Hicks remained in the back seat of a car, intoxicated. Noting that he was a teen-ager at the time, Hicks claimed that he’d been pressured into participating in the crime by a third, older man, who lived in the trailer where Hicks had been residing.