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San Francisco v. Trump
'No reasonable argument' that President did not exceed authority in ordering withheld Congressionally-approved appropriations to 'sanctuary' jurisdictions.
Constitutional Law 9th Aug. 2, 2018
Mendez v. Conley
Warrantless search and entry by law enforcement officers into an inhabited dwelling correctly deemed proximate cause of the victims' resulting injuries, giving basis for Section 1983 suit.
Constitutional Law 9th Jul. 30, 2018
Jackson v. Superior Court
Prosecutor violates Penal Code 939.5 by dismissing grand juror, but no due process violation where remaining jurors were 'in no way undermined' in ability to determining whether to charge defendant.
Constitutional Law 1DCA/4 Jul. 26, 2018
Freedom From Religion Foundation v. Chino Valley Unified School District
Board of Education's official policy of beginning meetings with religion invocation not within 'Legislative Prayer Exception,' violates 'Lemon' test due to religious purpose.
Constitutional Law 9th Jul. 26, 2018
Echavarria v. Filson
Due process violation where judge who sentenced defendant to death had conflicts of interest creating an unacceptable risk of bias.
Constitutional Law 9th Jul. 26, 2018
Young v. State of Hawaii
Terms of Second Amendment indicate constitutional protection of right to 'bear' arms in public; Hawaii law strictly limiting right to open carry violates 'core of the Second Amendment.'
Constitutional Law 9th Jul. 25, 2018
U.S. v. Sleugh
No presumption of public access under the First Amendment that attaches to Federal Rule 17(c) subpoena applications and their supporting documents.
Constitutional Law 9th Jul. 24, 2018
People v. Murdock
A trial court erroneously denied an inmate's motion for a trial where inmate was already serving time in county jail on a different charge and different county, thereby violating the inmate's due process rights.
Constitutional Law 2DCA/6 Jul. 23, 2018
People v. Woodruff
Death sentence reversed where trial court granted a prosecutor's challenge to exclude a prospective juror for cause based solely on juror's written questionnaire responses indicating an uncertainty as to the 'purpose' of the death penalty.
Constitutional Law CASC Jul. 20, 2018
Martinez-De Ryan v. Sessions
The BIA properly denied a petition for cancellation of removal on the ground that petitioner was convicted of a crime of moral turpitude, a term of art that isn't unconstitutionally void under the vagueness doctrine.
Constitutional Law 9th Jul. 18, 2018
People v. Torres
Conviction was reversed due to ineffective assistance of counsel, where an interrogation that was determined to be custodial lacked a 'Miranda' warning, and no suppression motion was ever filed by counsel.
Constitutional Law 4DCA/1 Jul. 16, 2018
Dutta v. State Farm
Where submitted evidence shows applicant was duly denied employment based on consumer credit report information, plaintiff cannot maintain FCRA claim based on hirer's failure to provide timely notice to applicant of discovered adverse information.
Constitutional Law 9th Jul. 16, 2018
White v. Ryan
Death row inmate's habeas corpus relief granted where ineffective assistance of counsel consisted of not presenting mitigating evidence at the sentencing or resentencing hearing.
Constitutional Law 9th Jul. 12, 2018
Wheeler v. City of Santa Clara
A district court didn't abuse its discretion by rejecting civil rights claims asserted against a city in the death of plaintiff's biological mother, where the plaintiff was unable to demonstrate that he had a close familial relationship, and thus 'didn't have the structure to be protected by the Fourteenth Amendment.'
Constitutional Law 9th Jul. 5, 2018
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 Jul. 3, 2018
Sause v. Bauer
Pro se plaintiff alleging facts supporting Fourth Amendment claim, even where said plaintiff instead pursues First Amendment grounds on appeal, should nonetheless have had the lower court analyze the Fourth Amendment claims.
Constitutional Law USSC Jun. 29, 2018
Sexton v. Beaudreaux
Reviewing federal court must give some credence to potential basis upon which state court summarily denying habeas ruling could have decided the matter.
Constitutional Law USSC Jun. 29, 2018
Janus v. American Federation of State, County, and Municipal Employees, Council 31
'Abood,' overturned; public-sector agency-shop arrangement contravenes First Amendment.
Constitutional Law USSC Jun. 28, 2018
Trump v. Hawaii
Immigration and Nationality Act 'exudes deference to the President in every clause,' grants authority for Proclamation preventing travel from countries based on administration's 'thorough' threat evaluations.
Constitutional Law USSC Jun. 27, 2018
National Institute of Family and Life Advocates v. Becerra
California law requiring state-drafted notice be disseminated in licensed pregnancy centers fails intermediate scrutiny as 'wildly underinclusive' and not properly tailored.
Constitutional Law USSC Jun. 27, 2018
Abbott v. Perez
District court improperly flips burden of proof when requiring state to show redistricting plans lacked discriminatory intent.
Constitutional Law USSC Jun. 26, 2018
Carpenter v. United States
Notwithstanding third-party doctrine, defendant maintains reasonable expectation of privacy in cellphone-generated location data.
Constitutional Law USSC Jun. 25, 2018
Currier v. Virginia
Double Jeopardy Clause does not prevent separate trials on different counts where defendant sought and agreed to such a severance.
Constitutional Law USSC Jun. 25, 2018
South Dakota v. Wayfair Inc.
'Quill' precedent, requiring 'physical presence' of taxed entity within taxing state to satisfy 'substantial nexus' prong of Commerce Clause test, is overruled as unsound and incorrect.
Constitutional Law USSC Jun. 22, 2018
Lucia v. SEC
SEC administrative law judges, wielding 'significant authority' and discretion, are 'Officers of the United States' subject to the appointment clause.
Constitutional Law USSC Jun. 22, 2018
Lozman v. City of Riviera Beach, Florida
Existence of probable cause doesn't proscribe a plaintiff's First Amendment retaliation claim where City Council arrests outspoken detractor.
Constitutional Law USSC Jun. 19, 2018
Benisek v. Lamone
Denial of gerrymandering-related preliminary injunction proper where issued in 'fluctuating legal environment' and where plaintiffs waited several years to seek relief.
Constitutional Law USSC Jun. 19, 2018
Gill v. Whitford
Per its precedent, Court lacks jurisdiction to consider statewide gerrymandering challenge, where redistricting effects felt by plaintiff were at district level.
Constitutional Law USSC Jun. 19, 2018
Minnesota Voters Alliance v. Mansky
Ban on 'political' apparel in polling places susceptible to too broad, unpredictable an interpretation to withstand even 'forgiving' nonpublic forum First Amendment review.
Constitutional Law USSC Jun. 15, 2018
Husted v. A. Philip Randolph Institute
Nonvoting may be considered as one criteria (but not the sole criteria) in determining that voter has moved from state voting district and thus become ineligible.
Constitutional Law USSC Jun. 12, 2018