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Bonivert v. City of Clarkston
Absent exigent circumstances, occupant's consent to warrantless entry of premises unreasonable under Fourth Amendment as to physically present, objecting co-occupant
Constitutional Law 9th Feb. 27, 2018
People v. Marsh
No constitutional rule exists requiring uniform sanity determination in state court, nor do constitutional protections against disproportionate punishments require a sanity determination evaluating whether defendant was compelled by irresistible impulse.
Constitutional Law 3DCA Feb. 23, 2018
Arevalo v. Hennessy
Court errs by sua sponte deciding to abstain from considering habeas petition over unconstitutional bail process.
Constitutional Law 9th Feb. 12, 2018
Perez v. City of Roseville
Constitutional rights to privacy and intimate association are violated where police department takes adverse action against officer based on private sexual conduct without evidence of an impact on job performance.
Constitutional Law 9th Feb. 12, 2018
Naidu v. Superior Court
Due process is violated if a court suspends a business license as a condition of bail without evidence showing the defendant poses a danger to the public if the license is active
Constitutional Law 4DCA/2 Feb. 9, 2018
San Francisco Apartment Association v. City and County of San Francisco
Ordinance regulating landlords employing tenant buyout agreements does not violate federal or state constitutional law.
Constitutional Law 9th Feb. 9, 2018
People v. Chatman
Some rational basis exists for state to treat former probationers and former prisoners differently under certificate of rehabilitation statute.
Constitutional Law 1DCA/1 Feb. 2, 2018
People v. Golden
Sexually Violent Predators committed to state hospitals lack reasonable expectation of privacy in their dormitories.
Constitutional Law 5DCA Jan. 25, 2018
Erotic Service Provider Legal Education and Research Project v. Gascon
There is no fundamental liberty interest in private, consensual sex between adults that extends to prostitution.
Constitutional Law 9th Jan. 18, 2018
Cook v. Harding
Court wrongfully abstains under Younger v. Harris where plaintiff's action is neither civil enforcement proceeding nor involves state interest in enforcing the orders and judgments of its courts.
Constitutional Law 9th Jan. 16, 2018
Animal Legal Defense Fund v. Wasden
Provision prohibiting video and audio recording of conduct of agricultural facility's operations struck down where provision regulates speech protected by First Amendment and fails to survive strict scrutiny.
Constitutional Law 9th Jan. 5, 2018
In re United States
The Federal District Court may not compel the government to disclose privileged documents without first allowing the government to argue the issue.
Constitutional Law USSC Dec. 26, 2017
Epona LLC v. County of Ventura
It is unconstitutional to make protected freedoms contingent on the uncontrolled will of an official.
Constitutional Law 9th Dec. 8, 2017
Marriage of Steiner
Federal law allowing service members 'unfettered freedom' to select and change insurance beneficiaries preempts state court order requiring husband to maintain ex-wife as beneficiary.
Constitutional Law 4DCA/1 Dec. 4, 2017
Smith v. City of Santa Clara
The constitutionality of a warrantless probation search affecting the rights of a third party is determined by assessing the totality of the circumstances.
Constitutional Law 9th Dec. 1, 2017
Crime Justice & America Inc. v. Honea
Rational relationship between unsolicited commercial mail ban and prison safety justification renders district court ruling proper.
Constitutional Law 9th Nov. 30, 2017
Morris v. Superior Court
Petition challenging policy denying appellate respondents convicted of misdemeanors of court-appointed counsel on Sixth Amendment grounds is denied where Sixth Amendment is inapplicable at appellate level.
Constitutional Law 4DCA/2 Nov. 22, 2017
Ralphs Grocery Company v. Victory Consultants, Inc. et al.
Collecting petition signatures while trespassing on private property immediately adjacent to grocery entryway is not constitutionally protected activity.
Constitutional Law 4DCA/1 Nov. 17, 2017
United States v. Glassdoor Inc. (In re Grand Jury Subpoena No. 16-03-217)
Glassdoor must disclose identifying information of reviewers who posed anonymous reviews on Glassdoor.com about government contractor employer suspected of defrauding government.
Constitutional Law 9th Nov. 9, 2017
Dunn v. Madison
Federal habeas relief properly denied where trial court's competence to execute determination involved proper application of law and was based on reasonable determination.
Constitutional Law USSC Nov. 7, 2017
Dan Farr Productions v. U.S. District Court
Prior restraint orders limiting defendant's speech are improper where plaintiff's right to fair trial would not be threatened in absence of prior restraint orders.
Constitutional Law 9th Oct. 30, 2017
Teixeira v. County of Alameda
County of Alameda's ordinance restricting location of gun shops does not infringe upon would-be gun shop owners' and potential customers' right to bear arms.
Constitutional Law 9th Oct. 11, 2017
American Beverage Association v. City and County of San Francisco
At preliminary injunction stage, San Francisco should have been enjoined from implementing sugar-sweetened beverage advertisement ordinance on free speech grounds.
Constitutional Law 9th Sep. 20, 2017
Mahoney v. City of Seattle
Police department’s Use of Force Policy does not violate Second Amendment where there is ‘reasonable fit between policy’ and important government interest.
Constitutional Law 9th Sep. 20, 2017
Robins v. Spokeo Inc.
Concrete injury sufficiently alleged where plaintiff shows defendant violated federal statute that protects ‘concrete interests’ and that violation caused risk of ‘real harm.’
Constitutional Law 9th Aug. 16, 2017
Russell City Energy Co. LLC v. City of Hayward
Payments clause in city and energy company’s contract violates California Constitution where it suspends city’s ability to tax.
Constitutional Law California Courts of Appeal Aug. 9, 2017
Friends of the Eel River v. North Coast Railroad Authority (Northwestern Pacific Railroad Co.)
ICCTA preempts state regulation of rail transportation, but application of CEQA to state agency’s railroad activity is not ‘regulation,’ but ‘self-governance’ and is not inconsistent with ICCTA and its preemption clause.
Constitutional Law CASC Jul. 28, 2017
In re National Security Letter
National Security Letter law’s nondisclosure provision, which prohibits disclosure of receipt of such letter, does not violate recipient’s First Amendment rights.
Constitutional Law 9th Jul. 18, 2017
Lewis v. Superior Court
An invasion of privacy that is justified by competing interests does not violate the California State Constitution.
Constitutional Law CASC Jul. 18, 2017
Lazar v. Kroncke
Plaintiff unsuccessful in challenging constitutionality of Arizona’s revocation-on-divorce statute as applied to proceeds of her ex-husband’s individual retirement account following his death.
Constitutional Law 9th Jul. 17, 2017