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Name Category Published
Cedar Point Nursery v. Shiroma
Regulation allowing union organizers access to agricultural employees at employer worksites under specific circumstances did not effect a Fifth Amendment taking; regulation significantly limits organizers' access to plaintiffs' property. 		Constitutional Law 9th May 9, 2019
People v. Superior Court (J.C. Penney Corp., Inc.
Demurrer based on vagueness should not be sustained to complaint that stated a cognizable theory of liability under the statute which clearly applied to some or all of defendants' conduct. 		Constitutional Law 2DCA/4 May 8, 2019
Consumer Financial Protection Bureau v. Seila Law
For-cause removal restriction protecting Consumer Financial Protection Bureau's Director does not 'impede the President's ability to perform his constitutional duty' to ensure that the laws are faithfully executed. 		Constitutional Law 9th May 7, 2019
In re White
Approach taken under California's second degree felony murder rule was evidence-based on specific steps used to manufacture methamphetamine, which is different from categorical approach found unconstitutional in 'Johnson v. United States.' 		Constitutional Law 4DCA/2 May 1, 2019
John Doe v. Westmont College
College deprived student of fair hearing when Student Conduct Panel credited certain portions of nontestifying witnesses' statements based solely on investigative reports in finding student committed sexual assault. 		Constitutional Law 2DCA/6 Apr. 24, 2019
People v. Superior Court (J.C. Penney Corp., Inc.)
Demurrer based on vagueness should not be sustained to complaint that stated a cognizable theory of liability under the statute which clearly applied to some or all of defendants' conduct. 		Constitutional Law 2DCA/4 Apr. 18, 2019
People v. Flores
Defendant's Sixth Amendment rights were violated by counsel's pursuit of defenses that did not comport with defendant's insistence that he did not commit the alleged criminal acts. 		Constitutional Law 4DCA/1 Apr. 16, 2019
Bucklew v. Precythe
Eighth Amendment 'does not guarantee a prisoner a painless death;' where prisoner's suggested execution alternative is not 'feasible' and 'readily implemented,' it cannot provide basis for relief. 		Constitutional Law USSC Apr. 2, 2019
People v. Chamagua
Where law enforcement officers 'simply ask questions,' consensual encounter does not implicate Fourth Amendment. 		Constitutional Law 2DCA/8 Apr. 2, 2019
Amended Opinion: Martin v. City of Boise
The Eighth Amendment's prohibition on cruel and unusual punishment bars city from prosecuting individuals criminally for sleeping outside on public property where said individuals have no home or available shelter elsewhere. 		Constitutional Law 9th Apr. 2, 2019
Gardner v. Superior Court
Prosecution's pretrial appeal of suppression motion is 'critical stage' of criminal process; California Constitution guarantees misdemeanor appellee's right to appointed counsel. 		Constitutional Law 4DCA/2 Mar. 29, 2019
Frank v. Gaos
'Spokeo' standard that 'concrete injury' is required for standing even in context of statutory violation requires remand of class action suit over Stored Communication Act violations. 		Constitutional Law USSC Mar. 21, 2019
McNeil v. Sherwood School District 88J
Because appellant's hit list of students that 'must die' established a sufficient nexus to the school, the School District could regulate his off-campus speech without violating his First Amendment rights. 		Constitutional Law 9th Mar. 15, 2019
Su v. Stephen S. Wise Temple
Teachers who taught religious principles, but were not held out as ministers and required no formal religious education or background, were not ministerial employees as a matter of law. 		Constitutional Law 2DCA/3 Mar. 12, 2019
Spreitz v. Ryan
In evaluating defendant's long-term alcohol and substance abuse, Arizona Supreme Court applied its causal nexus test in violation of 'Eddings v. Oklahoma' and refused to consider it in assessing nonstatutory mitigating circumstances. 		Constitutional Law 9th Mar. 5, 2019
Fazaga v. Walls
Foreign Intelligence Surveillance Act displaces federal common law state secrets privilege; its procedures are to be used when party challenges legality of electronic surveillance. 		Constitutional Law 9th Mar. 1, 2019
Garza v. Idaho
Plea agreement including appeal waivers does not change application of 'Flores-Ortega' rule that, where counsel's deficient performance precludes defendant's desired appeal, prejudice in ineffective assistance claim is presumed. 		Constitutional Law USSC Feb. 28, 2019
Madison v. Alabama
Under Eighth Amendment, court must determine whether prisoner possesses 'rational understanding of why the State wants to execute him' before proceeding with execution. 		Constitutional Law USSC Feb. 28, 2019
Marquez v. City of Long Beach
Legislature may exercise authority over minimum wages, despite authority in charter cities to legislate as to municipal affairs, because minimum wage addresses state's interest in ensuring workers can afford necessities in life. 		Constitutional Law 2DCA/7 Feb. 27, 2019
Miller v. Inslee
'Janus' does not render state-mandated exclusive bargaining arrangement a First Amendment free association violation. 		Constitutional Law 9th Feb. 27, 2019
Grafilo v. Cohanshohet
Order to produce medical records of five of defendant's patients in connection with an investigation into his prescription of controlled substances was reversed; state failed to demonstrate good cause to obtain records. 		Constitutional Law 2DCA/8 Feb. 22, 2019
Timbs v. Indiana
Excessive Fines Clause 'deeply rooted in Nation's history and tradition,' incorporated against states through Fourteenth Amendment, including against in rem forfeitures that are 'at least partially punitive' 		Constitutional Law USSC Feb. 21, 2019
Moore v. Texas
Where state court relies too heavily on mentally impaired defendant's cognitive strengths rather than his weaknesses in determining fitness for execution, analysis fails constitutional muster. 		Constitutional Law USSC Feb. 20, 2019
Perez v. County of Monterey
Monterey County ordinance prohibiting the keeping of over four roosters on a single property without a county-issued permit does not violate the Constitution on its face. 		Constitutional Law 6DCA Feb. 19, 2019
American Beverage Association v. City and County of San Francisco
The 'Zauderer' test provides the appropriate framework to analyze a First Amendment claim involving compelled commercial speech involving health and safety warnings; warning covering 20 percent of sugary beverage advertisements deemed unduly burdensome. 		Constitutional Law 9th Feb. 1, 2019
Rall v. Tribune 365 LLC
A newspaper has a First Amendment right to publish or not to publish any story it chooses, in particularly a newspaper has the right to not publish a certain writer's work. 		Constitutional Law 2DCA/8 Jan. 22, 2019
Rocky Mountain Farmers Union v. Corey
Claim that 2015 Low Carbon Fuel Standard violated Commerce Clause was precluded by prior decision in 'Rocky Mountain Farmers Union v. Corey;' controlling substance at crux of the case had not changed. 		Constitutional Law 9th Jan. 22, 2019
Olivier v. Baca
Measures to preserve security and order during disturbances by inmates and lockdowns may require limitation or retraction of the retained constitutional rights of both convicted prisoners and pretrial detainees. 		Constitutional Law 9th Jan. 14, 2019
Venice Coalition etc. v. City of Los Angeles
Land use decisions that do not require a public officer to exercise independent judgment are deemed to be ministerial and thus do not trigger due process protections. 		Constitutional Law 2DCA/8 Jan. 11, 2019
People v. Duenas
A court must stay the execution of a restitution fine imposed by Penal Code Section 1202.4, until and unless the People demonstrate that a defendant has the ability to pay the fine. 		Constitutional Law 2DCA/7 Jan. 10, 2019
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