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Atay v. County of Maui
Local Maui Ordinance that prohibits the cultivation and testing of genetically engineered plants is preempted by the Plant Protection Act.
Constitutional Law Nov. 20, 2016
People v. Morera-Munoz
Prohibition on providing peace officers with false information does not violate First Amendment as statute serves legitimate government purpose of assisting enforcement of Vehicle Code.
Constitutional Law Nov. 20, 2016
People v. Mary H.
Defendant subjected to psychiatric hold under Welfare and Institutions Code section 5150 unsuccessful in overturning five-year firearms ban.
Constitutional Law Nov. 7, 2016
People v. Hannon
Victim of embezzlement has right to submit victim impact statement on appeal but may not raise new legal issues or facts.
Constitutional Law Nov. 6, 2016
People v. Padilla
Life without parole sentence for juvenile offender imposed under SCOTUS 'Miller' decision must be reconsidered in light of recent 'Montgomery' decision addressing LWOP under Eighth Amendment.
Constitutional Law Oct. 26, 2016
Williams v. Johnson
Under AEDPA, convicted murderer's habeas petition for Sixth Amendment violation, based on anti-prosecution-biased juror being dismissed for unwillingness to follow law, fails.
Constitutional Law Oct. 23, 2016
NIFLA v. Harris
FACT Act, requiring licensed pregnancy centers to notice patrons of abortion availability, not subject to strict scrutiny; withstands intermediate scrutiny.
Constitutional Law Oct. 16, 2016
U.S. v. Carey
Police may use evidence obtained in 'plain hearing' when overhearing speakers unrelated to target conspiracy while listening to valid wiretap.
Constitutional Law Sep. 7, 2016
Clark v. Ryan
Arizona sex offender registry system does not violate constitutional prohibition against ex post facto punishment as system is nonpunitive in nature.
Constitutional Law Sep. 5, 2016
United States v. Samaniego
Claimants have standing to challenge federal government's forfeiture of two bank accounts suspected of being used in illicit drug money laundering scheme.
Constitutional Law Sep. 1, 2016
Wilson v. Lynch
Federal ban on sale of firearms to holders of state-issued medical marijuana cards passes intermediate scrutiny test, creating only 'incidental' and 'minimal' burden.
Constitutional Law Aug. 31, 2016
People v. Rinehart
State's moratorium on mining technique known as suction dredging is not preempted by federal law promoting mining on federal land.
Constitutional Law Aug. 22, 2016
Campaign for Quality Education v. State of California
Order
Constitutional Law Aug. 22, 2016
Santa Clarita Organization for Planning and the Environment v. Castaic Lake Water Agency
Public water agency does not violate state constitution in acquisition of stock in retail water purveyor.
Constitutional Law Aug. 17, 2016
Democratic Party of Hawaii v. Nago
Party challenging open primary system as unduly burdensome of its First Amendment freedom to associate must provide evidence so demonstrating.
Constitutional Law Aug. 16, 2016
Bourne Valley Court Trust v. Wells Fargo Bank, N.A.
Before its amendment, Nevada Revised Statutes section 116.3116's 'opt-in' notice provision facially violated mortgage lenders' constitutional due process rights.
Constitutional Law Aug. 15, 2016
Santa Clarita Organization for Planning and the Environment v. Castaic Lake Water Agency
Public water agency does not violate state constitution in acquisition of stock in retail water purveyor.
Constitutional Law Aug. 1, 2016
City of San Jose v. MediMarts Inc.
'Collective entity' rule prevents president of medical marijuana collective from asserting Fifth Amendment right against self-incrimination as justification for non-payment of business taxes.
Constitutional Law Jul. 25, 2016
Lone Star Sec. & Video v. City of Los Angeles
Local bans on mobile billboards pass First Amendment scrutiny as relevant measures consider manner of speech, not content.
Constitutional Law Jul. 8, 2016
People v. Carreon
Where no family relation exists between probationer and overnight guest in separate area of home, facts militate toward probationer being unable to give valid consent for search of guest's room.
Constitutional Law Jul. 1, 2016
Whole Woman's Health v. Hellerstedt
Texas abortion law requiring admission privileges for abortion providers and unnecessary, expensive surgical center upgrades struck down for placing undue burden on women's right to abortion access.
Constitutional Law Jun. 27, 2016
Fisher v. University of Texas at Austin
University's race-conscious undergraduate admission plan upheld as lawful under Equal Protection Clause.
Constitutional Law Jun. 23, 2016
Utah v. Strieff
Following illegal stop, drug-related evidence found on defendant during search incident to arrest admissible because discovery of arrest warrant attenuated connection between stop and evidence.
Constitutional Law Jun. 20, 2016
Peruta v. County of San Diego
Counties in California that require concealed carry weapon applicants to demonstrate 'good cause' do not violate constitution where Second Amendment does not guarantee members of the general public the right to carry concealed weapons in public.
Constitutional Law Jun. 9, 2016
Williams v. Johnson
Under AEDPA, convicted murderer's habeas petition for Sixth Amendment violation, based on anti-prosecution-biased juror being dismissed for unwillingness to follow law, fails.
Constitutional Law May 30, 2016
Wittman v. Personhuballah
Members of Congress from Virginia, who intervened to defend congressional redistricting in suit alleging racial gerrymandering, lack standing to appeal judgment striking down redistricting.
Constitutional Law May 24, 2016
Spokeo Inc. v. Robins
Failure to consider both concreteness and particularization when analyzing injury-in-fact for Article III standing results in vacated judgment and remand.
Constitutional Law May 17, 2016
Teixeira v. County of Alameda
Challenged ordinance restricting location of gun shops should have received higher level of scrutiny than rational basis review.
Constitutional Law May 17, 2016
People v. Lameed
Involuntary administration of antipsychotic medicine does not invoke USSC 'Sell' factors where purpose of administration was defendant's safety and not to render defendant fit for trial.
Constitutional Law May 12, 2016
Trueblood v. WSDSHS
Seven-day requirement for competency evaluations to be performed not constitutionally-required by Due Process Clause.
Constitutional Law May 9, 2016