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Ghost Golf, Inc. v. Newsom
Governor Newsom's COVID-19 Blueprint regime did not exceed the legislative authority granted by the Emergency Services Act and was not an improper delegation.
Constitutional Law 5DCA May 22, 2024
Nielsen v. Thornell
Arizona inmates did not have a protected liberty interest in avoiding private prisons because they did not impose an "atypical or significant hardship" beyond ordinary prison conditions.
Prisoners' Rights, Constitutional Law 9th May 22, 2024
Consumer Financial Protection Bureau v. Community Financial Services Assn. of America, Ltd.
Bureau of Consumer Financial Protection's funding mechanism did not violate the Constitution's Appropriations Clause.
Constitutional Law USSC May 17, 2024
Amended Opinion: Apache Stronghold v. U.S.
Apache tribe members were unlikely to succeed on their Free Exercise Clause claim against a transfer of sacred land because the transfer would not coerce them into acting contrary to their religious beliefs.
Constitutional Law 9th May 15, 2024
Culley v. Marshall
Separate preliminary hearings were constitutionally unwarranted when case law established that car owners' due process rights were protected by timely civil forfeiture hearings.
Constitutional Law USSC May 10, 2024
U.S. v. Duarte
Federal statute banning non-violent convicts from possessing firearms violated defendant's Second Amendment rights.
Constitutional Law, Criminal Law and Procedure 9th May 10, 2024
Jane Doe v. Bonta
California legislation enabling firearm violence research using California Department of Justice databases did not violate registered gun owners' privacy rights.
Constitutional Law 9th May 9, 2024
Bradford v. Paramo
Denial of habeas petition was reversed where state court concluded that because excluding exculpatory evidence was consistent with the rules of evidence, there was no constitutional violation.
Constitutional Law, Criminal Law and Procedure 9th May 6, 2024
U.S. v. Anderson
An officer's non-compliance with department policy governing inventory searches is not fatal to the inventory search exception but it may suggest impermissible motives.
Criminal Law and Procedure, Constitutional Law 9th May 3, 2024
Diamond S.J. Enterprise, Inc., DBA S. J. Live v. City of San Jose
Nightclub's facial attack on San Jose nuisance ordinances failed because the challenged provisions did not give city officials unbridled discretion that created a risk of censorship.
Constitutional Law, Municipal Law 9th May 1, 2024
Meinecke v. City of Seattle
Bible-reading speaker's free speech rights prevailed over City's restrictions, when less speech-restrictive means were available to achieve public safety from assaulting hecklers.
Constitutional Law 9th Apr. 19, 2024
DeVillier v. Texas
State law, rather than the Fifth Amendment, provided the proper procedural vehicle for petitioner to allege his takings claim against Texas.
Constitutional Law USSC Apr. 17, 2024
Dilbert v. Newsom
Writ relief was properly denied because petitioner had no due process right to clemency or consideration of his application for clemency within a particular time frame.
Constitutional Law 3DCA Apr. 9, 2024
Iversen v. Pedro
Plaintiff's sentence of life without the possibility of parole for public indecency did not violate the Eighth Amendment because of his extensive history of sexual offenses.
Constitutional Law 9th Mar. 28, 2024
U.S. v. Perez-Garcia
Pretrial condition of release barring convicts from owning firearms did not violate Second Amendment rights because Bail Reform Act was consistent with nation's history of disarming criminal defendants awaiting trial.
Constitutional Law 9th Mar. 19, 2024
Smith v. Helzer
Alaska's campaign finance regulations survived exacting scrutiny under the First Amendment because their contribution-reporting requirements were not unconstitutionally duplicative or burdensome.
Constitutional Law 9th Mar. 18, 2024
Lindke v. Freed
Social media activity of a state official is only state action where the official has actual authority to speak for the state and purports to be exercising that authority when posting on social media.
Constitutional Law USSC Mar. 18, 2024
O'Connor-Ratcliff v. Garnier
Remand was required to determine whether government officials were empowered to, and purported to be engaged in, official action when they blocked individuals from commenting on their social media posts.
Constitutional Law USSC Mar. 18, 2024
Modification: People v. Paul
Police officers' encounter with defendant was not consensual where they stood a few feet from each of his parked car's doors and shined two flashlights into the car simultaneously.
Constitutional Law 2DCA/5 Mar. 8, 2024
Trump v. Anderson
States have no power under the Constitution to enforce Section 3 of the Fourteenth Amendment with respect to federal offices, especially the Presidency.
Constitutional Law USSC Mar. 5, 2024
Linthicum v. Wagner
Because a legislator has no First Amendment right to use official powers for expressive purposes, legislative walkouts are not protected activity.
Constitutional Law 9th Mar. 4, 2024
Apache Stronghold v. U.S.
Apache tribe members were unlikely to succeed on their Free Exercise Clause claim against a transfer of sacred land because the transfer would not coerce them into acting contrary to their religious beliefs.
Constitutional Law 9th Mar. 4, 2024
Creech v. Tewalt
Death row inmate's due process claims regarding his method of execution lacked merit.
Constitutional Law 9th Feb. 27, 2024
Creech v. Bennetts
Death row inmate's petition for commutation was denied because the Commission of Pardons and Parole's proceedings were not wholly arbitrary.
Constitutional Law 9th Feb. 27, 2024
TriCoast Builders, Inc. v. Fonnegra
Where the right to a jury trial has been validly waived and relief from the waiver subsequently denied, obtaining reversal of the denial requires the appellant to demonstrate actual prejudice.
Constitutional Law CASC Feb. 27, 2024
People v. Paul
Police officers' encounter with defendant was not consensual where they stood a few feet from each of his parked car's doors and shined two flashlights into the car simultaneously.
Constitutional Law 2DCA/5 Feb. 16, 2024
Tucson v. City of Seattle
District court improperly analyzed whether ordinance criminalizing writing on property sans permission was unconstitutionally overbroad by failing to inquire into the ordinance's numerous lawful applications.
Constitutional Law 9th Feb. 5, 2024
Snitko v. U.S.
Fourth Amendment's inventory search exception did not apply to contents of safe deposit boxes seized where the police's instructions on how to inventory the contents were written specifically for the boxes.
Constitutional Law 9th Jan. 24, 2024
Coalition on Homelessness v. City and County of San Francisco
Court affirmed preliminary injunction against City's ordinances disallowing sleeping or camping on public property because City waived argument that the ordinance was time-limited by not previously presenting it.
Constitutional Law 9th Jan. 12, 2024
People v. Ramirez
Compelled use of defendant's finger to unlock his phone did not violate his privilege against compulsory self-incrimination under the Fifth Amendment because it was not testimonial.
Constitutional Law 6DCA Dec. 26, 2023