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People v. Rodriguez
Juvenile sentenced to 50 years to life prior to 'Franklin' decision entitled to remand for a chance to supplement the record for his youth offender parole hearing on the 25th year of incarceration. 		Constitutional Law 5DCA May 18, 2018
Byrd v. United States
Unauthorized drivers of rental cars have a reasonable expectation of privacy under the Fourth Amendment; not being listed in the rental contract doesn't diminish their constitutionally protected rights. 		Constitutional Law 3DCA May 15, 2018
McCoy v. Louisiana
Sixth Amendment guarantees right of defendant to decide 'that objective of the defense is to assert innocence.' 		Constitutional Law USSC May 15, 2018
Murphy v. National Collegiate Athletic Assn.
Professional and Amateur Sports Protection Act violates 'anticommandering' rule, as it 'dictates what a state legislature may and may not do.' 		Constitutional Law USSC May 15, 2018
People v. Douglas
Under 'per se' approach, where prosecutor uses preemptory challenge for both permissible and impermissible reasons, 'taint' of impermissible reason requires reversal for new trial. 		Constitutional Law 3DCA May 7, 2018
Daniels Sharpsmart v. Smith
Dormant Commerce Clause prohibits state agency from reaching beyond the borders of California to enforce its regulations 		Constitutional Law 9th May 3, 2018
People v. Blessett
Failure to raise 'specific' and 'timely' confrontation clause challenge forfeits claim, even where standing law likely would have defeated it, since 'writing was on the wall' that such would change. 		Constitutional Law 3DCA May 2, 2018
Recchia v. Los Angeles Dept. of Animal Services
Summary judgment vacated and remanded where genuine factual dispute exists regarding whether exigent circumstance to Fourth Amendment applies. 		Constitutional Law 9th May 2, 2018
Colony Cove Properties v. City of Carson
A California city did not engage in an unconstitutional taking when it approved a lower rent increase for a property owner than he requested. 		Constitutional Law 9th Apr. 24, 2018
Amended Opinion: In re Zappos.com
Customers whose personal data was hacked have standing to sue online retailer for creating a risk of impending harm. 		Constitutional Law 9th Apr. 23, 2018
Sessions v. Dimaya
Residual clause in INA defining 'crime of violence' is unconstitutionally vague because it requires look at 'ordinary' rather than instant case, and is unclear on risk threshold. 		Constitutional Law USSC Apr. 18, 2018
Modification: Ralphs Grocery Company v. Victory Consultants, Inc. et al.
Collecting petition signatures while trespassing on private property immediately adjacent to grocery entryway is not constitutionally protected activity. 		Constitutional Law 4DCA/1 Apr. 9, 2018
Asante v. California Dept. of Health Care Services
When a state agency sets rates it pays hospitals for Medicaid services, it does so as a market participant, not a market regulator; consequently it does not violate the dormant Commerce Clause of the U.S. Constitution. 		Constitutional Law 9th Apr. 3, 2018
People v. Gutierrez
Denial of motion to suppress evidence obtained from detention reversed and remanded where detention is unjustified by government interests and is unsupported by ‘articulable and individualized suspicion.’ 		Constitutional Law 5DCA Apr. 2, 2018
People v. Dillard
Where Congress creates federal program with enforcement scheme, state laws criminalizing false statements made to federal agency overseeing program must be preempted. 		Constitutional Law 1DCA/5 Apr. 2, 2018
De Havilland v. FX Networks, LLC
A celebrity's right of publicity does not preclude others from incorporating a person's name and likeness for the purpose of creating art. 		Constitutional Law 2DCA/3 Mar. 28, 2018
U.S. v. Obak
Guam is 'district' such that not constitutional violation to try defendant there when crime took place, in part, in Guam. 		Constitutional Law 9th Mar. 14, 2018
In re Zappos.com
Customers whose personal data was hacked have standing to sue online retailer for creating a risk of impending harm. 		Constitutional Law 9th Mar. 9, 2018
Sierra Medical Services Alliance v. Kent
Regulation requiring voluntary private ambulance company to provide emergency services in exchange for pre-determined reimbursement does not amount to regulatory taking. 		Constitutional Law 9th Mar. 7, 2018
California DUI Lawyers Association v. California Department of Motor Vehicles
CDLA has taxpayer standing to challenge the DMV's system of administrative hearings as to DUI arrestee license suspensions, in which DMV officers act as both advocates and triers of fact. 		Constitutional Law 2DCA/4 Mar. 6, 2018
People v. Rhinehart
A probation condition is constitutionally vague if people of common intelligence would differ as to its application 		Constitutional Law 1DCA/3 Mar. 5, 2018
Patchak v. Zinke
Congress does not violate Article III of U.S. Constitution where congress enacts jurisdiction-stripping statute that changes law while lawsuit is pending in federal court. 		Constitutional Law USSC Feb. 28, 2018
Jennings v. Rodriguez
Canon of constitutional avoidance misapplied by appellate court because appellate court's construal inferring detention limitation in immigration statutes was not plausible. 		Constitutional Law USSC Feb. 28, 2018
Bonivert v. City of Clarkston
Absent exigent circumstances, occupant's consent to warrantless entry of premises unreasonable under Fourth Amendment as to physically present, objecting co-occupant 		Constitutional Law 9th Feb. 27, 2018
People v. Marsh
No constitutional rule exists requiring uniform sanity determination in state court, nor do constitutional protections against disproportionate punishments require a sanity determination evaluating whether defendant was compelled by irresistible impulse. 		Constitutional Law 3DCA Feb. 23, 2018
Arevalo v. Hennessy
Court errs by sua sponte deciding to abstain from considering habeas petition over unconstitutional bail process. 		Constitutional Law 9th Feb. 12, 2018
Perez v. City of Roseville
Constitutional rights to privacy and intimate association are violated where police department takes adverse action against officer based on private sexual conduct without evidence of an impact on job performance. 		Constitutional Law 9th Feb. 12, 2018
Naidu v. Superior Court
Due process is violated if a court suspends a business license as a condition of bail without evidence showing the defendant poses a danger to the public if the license is active 		Constitutional Law 4DCA/2 Feb. 9, 2018
San Francisco Apartment Association v. City and County of San Francisco
Ordinance regulating landlords employing tenant buyout agreements does not violate federal or state constitutional law. 		Constitutional Law 9th Feb. 9, 2018
People v. Chatman
Some rational basis exists for state to treat former probationers and former prisoners differently under certificate of rehabilitation statute. 		Constitutional Law 1DCA/1 Feb. 2, 2018
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