| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
13-17358
|
Marilley v. Bonham
Differential fees for nonresident fishers permissible under Privileges and Immunities Clause, where nonresidents receive benefit from state in form of significant resident taxes used to maintain and police fishery resources. |
Constitutional Law |
|
Dec. 21, 2016 | |
|
S221852
|
People v. Macabeo
Where bicyclist is stopped for minor vehicle infraction and no evidence shows arrest was to follow, search-incident-to-arrest exception does not allow for warrantless search of cyclist's cell phone. |
Constitutional Law |
|
Dec. 5, 2016 | |
|
F072310
|
National Shooting Sports Foundation v. State of California
Compliance with microstamping gun law may be impossible according to factual allegations of gun rights group, prohibiting pleadings judgment against challenging party. |
Constitutional Law |
|
Dec. 1, 2016 | |
|
15-537
|
Bravo-Fernandez v. United States
Issue-preclusion component of Double Jeopardy Clause does not bar retrial after jury returns irreconcilably inconsistent verdicts of conviction and acquittal and convictions later vacated on unrelated ground. |
Constitutional Law |
|
Nov. 29, 2016 | |
|
14-35414
|
Oregon Coast Scenic Railroad v. Oregon Dept. of State Lands
State of Oregon's 'removal-fill law' is preempted by federal law as applied to repair work performed by contractor under agreement with federally regulated rail carrier. |
Constitutional Law |
|
Nov. 24, 2016 | |
|
A145643
|
Parisi v. Mazzaferro
Order granting petition for civil harassment restraining order affirmed but remand ordered so that trial court can more precisely define scope of prohibited conduct. |
Constitutional Law |
|
Nov. 24, 2016 | |
|
15-16466
|
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 | |
|
A148325
|
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 | |
|
F071282
|
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 | |
|
A145945
|
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 | |
|
B265614
|
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 | |
|
07-56127
|
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 | |
|
16-55249
|
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 | |
|
14-50222
|
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 | |
|
15-15531
|
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 | |
|
14-16070
|
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 | |
|
14-15700
|
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 | |
|
S222620
|
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 | |
|
S234901
|
Campaign for Quality Education v. State of California
Order |
Constitutional Law |
|
Aug. 22, 2016 | |
|
B264284
|
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 | |
|
13-17545
|
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 | |
|
15-15233
|
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 | |
|
B264284
|
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 | |
|
H042481
|
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 | |
|
14-55014
|
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 | |
|
H040632
|
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 | |
|
15-274
|
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 | |
|
14-981
|
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 | |
|
14-1373
|
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 | |
|
10-56971
|
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 |
