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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
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 9th Jan. 9, 2019
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 4DCA/3 Jan. 2, 2019
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 1DCA/5 Dec. 27, 2018
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 9th Dec. 21, 2018
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 9th Dec. 21, 2018
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 4DCA/2 Dec. 12, 2018
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 3DCA Dec. 7, 2018
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 4DCA/1 Dec. 4, 2018
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 9th Dec. 4, 2018
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 4DCA/2 Nov. 29, 2018
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 4DCA/2 Nov. 29, 2018
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 9th Nov. 28, 2018
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 9th Nov. 9, 2018
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 2DCA/4 Nov. 7, 2018
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 4DCA/2 Nov. 7, 2018
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 2DCA/4 Nov. 5, 2018
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 9th Nov. 5, 2018
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 USSC Nov. 5, 2018
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 9th Nov. 1, 2018
Grovey v. Townsend
A reformulation of Texas' white primaries system is constitutional
Constitutional Law USSC Nov. 1, 2018
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 2DCA/6 Oct. 16, 2018
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 9th Sep. 28, 2018
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 1DCA/1 Sep. 26, 2018