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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 Sep. 24, 2018
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 9th Sep. 21, 2018
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 4DCA/1 Sep. 19, 2018
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 2DCA/8 Sep. 17, 2018
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 4DCA/1 Sep. 17, 2018
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 2DCA/7 Sep. 14, 2018
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 9th Sep. 14, 2018
BNSF v. CDTFA
Senate Bill 84 was preempted by federal statute because it targeted the railroad industry and the Hazardous Materials Transportation Act did not protect from preemption because the fees were not fair. 		Constitutional Law 9th Sep. 14, 2018
DNC v. Reagan
Under the First and Fourteenth Amendments, Arizona's House Bill 2023 only imposed a small burden on voters and thus, the state's justification to prevent absentee voter fraud was adequate. 		Constitutional Law 9th Sep. 13, 2018
Americans for Prosperity Foundation v. Becerra
State's collecting information of tax-exempt charitable organizations' largest donors does not violate First Amendment right to free association, where government interest in deterring fraud is high, and no 'significant risk' disclosed information will become public. 		Constitutional Law 9th Sep. 12, 2018
Scott v. County of San Bernardino
District court properly granted summary judgment and denied qualified immunity where officers arrested minors in violation of the Fourth Amendment to the U.S. Constitution given that their arrests were not 'justified at their inception.' 		Constitutional Law 9th Sep. 11, 2018
Ioane v. Noll
Individual has established Fourth Amendment right to privacy against intrusion involving visual search of naked body, where intrusion into privacy outweighs given governmental interests. 		Constitutional Law 9th Sep. 11, 2018
American Fuel & Petrochemical Manufacturers v. O'Keeffe
District court properly rejected claims that a state environmental program violated the Commerce Clause or the Clean Air Act, where the state regulation regarding greenhouse emissions had 'valid factor unrelated to economic protectionism." 		Constitutional Law 9th Sep. 10, 2018
Black v. City of Rancho Palos Verdes
Where prior cases do not centrally deal with proposition central to instant matter, reliance upon those cases for proposition that administrative remedies need not be exhausted is improper. 		Constitutional Law 2DCA/1 Sep. 10, 2018
Barone v. City of Springfield
The government imposed an unconstitutional prior restraint when it prohibited an officer from speaking about 'anything' negative relating to the Springfield Police Department or City. 		Constitutional Law 9th Sep. 6, 2018
People v. Carter
Under California Supreme Court precedent 'People v. Gutierrez,' a trial court was required to consider factors bearing on the 'distinctive attributes of youth' before imposing the equivalent of a LWOP sentence on a juvenile offender. 		Constitutional Law 3DCA Sep. 6, 2018
The Board of Trustees of the Glazing Health and Welfare Trust v. Chambers
Nevada Senate Bill 223 was a legitimate exercise of Nevada's traditional state authority and was not preempted by the Employee Retirement Income Security Act. 		Constitutional Law 9th Sep. 5, 2018
Martin v. City of Boise
The Eighth Amendment's prohibition on cruel and unusual punishment bars city from prosecuting individuals criminally for sleeping outside on public property where said individuals have no home or available shelter elsewhere. 		Constitutional Law 9th Sep. 5, 2018
Lucero v. Holland
The introduction of a written gang memo at trial by a co-defendant was not ruled a violation of the Sixth Amendment's Confrontation Clause, since it was not created for the primary purpose of proving anything at trial and was not 'testimonial.' 		Constitutional Law 9th Sep. 4, 2018
Modification: People v. Mora & Rangel
Under the 2010 California Supreme Court case People v. Brady, in the penalty phase of a trial: Victim impact evidence concerning the effect of the murders on the family members is relevant and admissible as a circumstance of the crime. 		Constitutional Law CASC Aug. 24, 2018
U.S. v. Schram
Defendant forbidden from entering residence by court's no-contact order cannot claim an objectively-reasonable expectation of privacy therein. 		Constitutional Law 9th Aug. 22, 2018
Connor v. First Student Inc.
Some overlap between consumer reporting agency statutes does not render one unconstitutionally vague, where the statutes are 'otherwise unambiguous.' 		Constitutional Law 2DCA/4 Aug. 21, 2018
Moore v. Urquhart
Federal Courts Improvement Act providing judicial immunity does not preclude suit seeking injunctive relief against Sheriff executing eviction orders. 		Constitutional Law 9th Aug. 17, 2018
Fowler v. Guerin
The interest held in retirement accounts is private property and the skimming of such private property by the state constitutes a per se taking under the Takings Clause. 		Constitutional Law 9th Aug. 17, 2018
Askins v. U.S. Dept. of Homeland Security
A district court erred in dismissing plaintiffs First Amendment claims where the plaintiffs who took pictures at the border were on public property and the government guidelines that apply to members of the media to get prior approval do not necessarily apply to individuals. 		Constitutional Law 9th Aug. 15, 2018
Lanuza v. Love
Immigrant entitled to damages under 'Bivens' for a violation of Fifth Amendment right to due process because none of the 'Abbasi' special factors applied to him. 		Constitutional Law 9th Aug. 15, 2018
Rodriguez v. Swartz
Fourth Amendment prohibitions against unreasonable seizure apply to border patrol officer employing deadly force from U.S. side of southern border to kill peaceful individual on Mexican side. 		Constitutional Law 9th Aug. 8, 2018
Henry v. Spearman
California prisoner has standing to bring vagueness challenge to second-degree-felony-murder rule based on residual clause of 'Johnson v. U.S.' 		Constitutional Law 9th Aug. 7, 2018
Gallinger v. Becerra
Statute eliminating school zone firearm carry exemption for permitted concealed carriers but not former peace officers survives rational basis review. 		Constitutional Law 9th Aug. 6, 2018
Pena v. Lindley
Regulations requiring new firearms to bear certain safety mechanisms and a microstamping device to identify discharged rounds passes intermediate scrutiny as 'reasonable' means toward important governmental ends of public safety and crime prevention. 		Constitutional Law 9th Aug. 6, 2018
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