Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-10492
|
U.S. v. Torres
Government's interests in controlling crime and ensuring public safety are promoted by keeping firearms out of the hands of unlawful aliens; thus, 18 U.S.C. Section 922(g)(5) is constitutional under intermediate scrutiny. |
Constitutional Law |
|
N. Smith | Jan. 9, 2019 |
G055391
|
Modification: People v. McClinton
No Equal Protection Clause violation where trial court denies petition for immediate release because a Sexually Violent Predator offender is required to wait one year for said petition |
Constitutional Law |
|
E. Moore | Jan. 2, 2019 |
A151799
|
Modacure v. B&B Vehicle Processing, Inc.
Under Vehicle Code Section 22851.1, a plaintiff has a property interest in the disposition of the proceeds from the sale of her/his impounded vehicle that is protected by the due process clause. |
Constitutional Law |
|
M. Simons | Dec. 27, 2018 |
17-55578
|
Lane v. Swain
Bureau of Prisons Prohibited Acts Code 203 does not violate a prisoner's First Amendment rights because it is a sufficiently 'close fit' with the government's legitimate interest in preventing criminal conduct by inmates. |
Constitutional Law |
|
W. Sessions | Dec. 21, 2018 |
17-35868
|
Lane v. Salazar
Bureau of Prisons statute prohibiting the mailing of threatening letters while imprisoned is not unconstitutionally vague and is sufficiently narrow to encompass untruthful threats. |
Constitutional Law |
|
W. Sessions | Dec. 21, 2018 |
E066555
|
J.W. v. Watchtower Bible & Tract Society of New York, Inc.
If evidence suggests a party understood a court order, then that party will be deemed to have proper notice and thus cannot argue its due process rights were violated by that order. |
Constitutional Law |
|
D. Miller | Dec. 12, 2018 |
C086030
|
Love et al. v. State Dept. of Education et al.
Senate Bill No. 277's elimination of a parent's ability to opt out of the vaccination requirements imposed on children based on a parent's personal beliefs does not violate substantive due process. |
Constitutional Law |
|
R. Robie | Dec. 7, 2018 |
G055391
|
People v. McClinton
It was not a violation of Equal Protection for a trial court to deny a petition for immediate release because a Sexually Violent Predator offender is required to wait one year for said petition, to further the state's compelling reason of protecting the public. |
Constitutional Law |
|
E. Moore | Dec. 4, 2018 |
16-55758
|
Soltysik v. Padilla
A court must determine whether the government has an important interest that outweighs any constitutional burdens of placing 'Party Preference: None' labels on non-qualified parties running California Elections. |
Constitutional Law |
|
J. Owens | Dec. 4, 2018 |
E070545
|
People v. Superior Court (Ahn)
Physicians lack standing to challenge physician-assisted suicide legislation, where they do not have 'requisite commonality' of interest with patients represented, nor have concrete standing themselves. |
Constitutional Law |
|
M. Ramirez | Nov. 29, 2018 |
E070545
|
Modification: People v. Superior Court (Ahn)
Physicians lack standing to challenge physician-assisted suicide legislation, where they do not have 'requisite commonality' of interest with patients represented, nor have concrete standing themselves. |
Constitutional Law |
|
Nov. 29, 2018 | |
17-35019
|
Thompson v. Hebdon
State limit on aggregate out-of-state contributions does not target 'actual quid pro quo corruption or its appearance,' thus impermissible under 'Citizens United' and 'McCutcheon;' individual limits OK. |
Constitutional Law |
|
C. Callahan | Nov. 28, 2018 |
17-17213
|
In Re Twelve Grand Jury Subpoenas
There are no exceptions in which a corporate custodian may resist a subpoena for corporate records on Fifth Amendment grounds, even if he proves that he is the sole shareholder, officer, or member. |
Constitutional Law |
|
P. Curiam (9th Cir.) | Nov. 9, 2018 |
B282558
|
Modification: Ivory Education Institute v. Dept. of Fish & Wildlife
Exception for activities authorized by the federal government under Fish & Game Code Section 2022 not unconstitutionally vague; federal laws, exemptions, or permits can be ascertained with inquiry. |
Constitutional Law |
|
G. Micon | Nov. 7, 2018 |
E069367
|
People v. Vera
Traffic stop wasn't unconstitutionally prolonged by dog sniff where the motorist was cited for a tinted-window infraction, and the dog alerted to drugs in the vehicle; thus no suppression was required. |
Constitutional Law |
|
M. Raphael | Nov. 7, 2018 |
B282558
|
Ivory Education Institute v. Dept. of Fish & Wildlife
Exception for activities authorized by the federal government under Fish & Game Code Section 2022 not unconstitutionally vague; federal laws, exemptions, or permits can be ascertained with inquiry. |
Constitutional Law |
|
G. Micon | Nov. 5, 2018 |
16-50271
|
U.S. v. Carter
A temporary disability fails the stringent test of 'Maryland v. Craig,' used to determine whether a defendant's right to confront accusatory witnesses is satisfied absent a physical, face-to-face confrontation at trial. |
Constitutional Law |
|
J. Bybee | Nov. 5, 2018 |
89-478
|
Maryland v. Craig
The court ruled that the Sixth Amendment's Confrontation Clause, which provides criminal defendants with the right to confront witnesses against them, did not bar the use of one-way closed-circuit television to present testimony by an alleged child sex abuse victim. |
Constitutional Law |
|
S. O'Connor | Nov. 5, 2018 |
18-16613
|
Knox v. Brnovich
Arizona's 2016 election law not preempted by federal law because Congress did not intend to regulate the uncompensated carriage of mail and the regulation exempted United States postal workers. |
Constitutional Law |
|
S. Ikuta | Nov. 1, 2018 |
563
|
Grovey v. Townsend
A reformulation of Texas' white primaries system is constitutional |
Constitutional Law |
|
O. Roberts | Nov. 1, 2018 |
B286187
|
Modification: CA Dept. of St. Hospitals v. A.H.
Not violation of Free Exercise Clause to require mentally disordered offender to consume antipsychotic drugs where offender is otherwise a danger to self and others, and where purported conflicting beliefs appear dubious. |
Constitutional Law |
|
K. Yegan | Oct. 16, 2018 |
17-35897
|
AFDI v. King County
Giving offense is a viewpoint, thus rejecting an advertisement solely because it offends is deemed not to be viewpoint neutral |
Constitutional Law |
|
S. Graber | Sep. 28, 2018 |
A151727
|
People v. Fews
Patsearch of passenger in vehicle may be supported by reasonable suspicion whether or not vehicle search itself was supported by probable cause. |
Constitutional Law |
|
R. Dondero | Sep. 26, 2018 |
B286187
|
CA Dept. of St. Hospitals v. A.H.
Not violation of Free Exercise Clause to require mentally disordered offender to consume antipsychotic drugs where offender is otherwise a danger to self and others, and where purported conflicting beliefs appear dubious. |
Constitutional Law |
|
K. Yegan | Sep. 24, 2018 |
16-36072
|
Fikre v. FBI
Record reflected that the government's decision to remove Appellant from No Fly List was discretionary and not tied to any change in policy; thus, his claims were not moot. |
Constitutional Law |
|
M. Christen | Sep. 21, 2018 |
D071669
|
Harley-Davidson, Inc. v. Franchise Tax Bd.
California had legitimate interest in requiring combined reporting for interstate unitary businesses; no reasonable nondiscriminatory alternatives were provided by Appellants and thus no Commerce Clause violation shown. |
Constitutional Law |
|
P. Benke | Sep. 19, 2018 |
B279462
|
Ribakoff v. City of Long Beach
Holdings in 'White,' 'Norse' and 'Kindt' defeat the claim that time limits for speaking are a deprivation of one's First Amendment rights. |
Constitutional Law |
|
T. Bigelow | Sep. 17, 2018 |
D074047
|
People v. Arebalos-Cabrera
Trial court correctly denied motion to suppress evidence consensually obtained after traffic stop, finding questioning after stop did not amount to resumption of custody or seizure. |
Constitutional Law |
|
P. Guerrero | Sep. 17, 2018 |
B287946
|
People v. Superior Court (Vasquez)
A trial court correctly granted a motion to dismiss since it was the proper remedy given Fourteenth Amendment due process rights violations to a timely trial where a defendant waited 17 years for a trial under the Sexually Violent Predator Act. |
Constitutional Law |
|
G. Feuer | Sep. 14, 2018 |
16-35738
|
Hoard v. Hartman
District court's jury instruction was plainly erroneous, where it instructed jury that to succeed on his excessive force claim, an inmate needed to prove a prison guard acted maliciously and sadistically for the purpose of causing harm, when the Eighth Amendment has no such requirement. |
Constitutional Law |
|
R. Paez | Sep. 14, 2018 |