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Anderson v. City of San Jose
Shortage of affordable housing is 'statewide concern' such that Surplus Lands Act preempts locality's ability to dispose of property in manner that conflicts with the state law.
Constitutional Law 6DCA Dec. 2, 2019
In re Mohammad
The leap taken by Department of Corrections and Rehabilitation from 'a nonviolent felony offense' to a 'nonviolent offender' was unjustifiable and inconsistent with the constitutional text of Proposition 57.
Constitutional Law 2DCA/5 Dec. 2, 2019
Thompson v. Hebdon
Alaska's individual-to-candidate and individual-to-group contribution limit of $500 per year is unconstitutional under the factors set forth by the Court in 'Randall v. Sorrell'.
Constitutional Law USSC Nov. 26, 2019
People v. Johnson
A prosecutor's peremptory strike of three out of five black jurors coupled with launching a background check into another black juror is insufficient to sustain a Batson/Wheeler motion.
Constitutional Law CASC Nov. 26, 2019
People v. Lopez
'In re Arturo D.' is overruled to the extent that it created an exception to the Fourth Amendment warrant requirement for searches to locate a driver's identification following a traffic stop.
Constitutional Law CASC Nov. 26, 2019
Vaquero Energy v. County of Kern
Ordinance did not violate due process because County's delegation of some control to surface owners did not give them final authority to determine how oil and gas operator will use its mineral rights.
Constitutional Law 5DCA Nov. 21, 2019
People v. Superior Court (Gooden)
Senate Bill 1437's abolition of the felony murder rule is constitutional; it does not impermissibly alter previous voter approved state constitutional amendments concerning sentencing and underlying offenses.
Constitutional Law 4DCA/1 Nov. 21, 2019
Unzueta v. Akopyan
A 'Batson/Wheeler' challenge is timely if made before the jury is impaneled; the court is required to conduct a full review of all suspect peremptory challenges.
Constitutional Law 2DCA/7 Nov. 20, 2019
People v. Yanez
Pre-trial and post-conviction detainees are similarly situated classes of persons; applying conduct credits to reduce prison sentences for one but not the other violates the Equal Protection Clause.
Constitutional Law 1DCA/2 Nov. 19, 2019
Collins v. Thurmond
Appellants' state equal protection claim survived due to evidence of disparate impact, but their federal equal protection claim failed due to lack of sufficient allegations of discriminatory motive.
Constitutional Law 5DCA Nov. 7, 2019
Nayab v. Capital One Bank
Under the Fair Credit Reporting Act, a consumer only needs to prove that a third party obtained her credit report for an unauthorized purpose in order to establish judicial standing.
Constitutional Law 9th Nov. 1, 2019
Grafilo v. Soorani
California Board of Medicine demonstrated that subpoenas for patient records relating to defendant's prescription practices were supported by a compelling interest and the information sought was relevant and material to its investigation.
Constitutional Law 2DCA/2 Oct. 31, 2019
In re Jeremiah S.
Patsearch of robbery suspect violated the Fourth Amendment because officers only believed suspect may have been armed because he was a robbery suspect, and no other facts showed danger to officers' safety.
Constitutional Law 3DCA Oct. 22, 2019
Faisal Nabin Kashem v. William Barr
The No Fly List criteria is not unconstitutionally vague merely because it was based on a threat assessment involving a prediction of future criminal conduct.
Constitutional Law 9th Oct. 22, 2019
Weber v. Allergan, Inc.
Plaintiff failed to show that defendant violated a Food and Drug Administration requirement; thus, plaintiff's claim was preempted by the Medical Device Amendments.
Constitutional Law 9th Oct. 14, 2019
Amended Opinion: Capp v. County of San Diego
Defendant not entitled to qualified immunity because plaintiff pled a plausible First Amendment retaliation claim; thus, district court's dismissal reversed in part.
Constitutional Law 9th Oct. 7, 2019
Rosenblatt v. City of Santa Monica
When a city ordinance limiting short-term property rentals in residential zones applies to in-state and out-of-state residents equally, the Dormant Commerce Clause is not violated.
Constitutional Law 9th Oct. 4, 2019
Gerawan Farming, Inc. v. Agricultural Labor Relations Bd.
No constitutional right of public access to on-the-record mandatory mediation and conciliation proceedings because there is no history of openness in such proceedings and confidentiality encourages compromise.
Constitutional Law 5DCA Sep. 26, 2019
People v. Bermudez
Penal Code Section 16470, defining a dirk or dagger, the concealed possession of which is proscribed by Section 21310, is not unconstitutionally vague.
Constitutional Law 3DCA Sep. 26, 2019
Amended Opinion: 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. 20, 2019
First Amendment Coalition v. Ryan
Arizona unconstitutionally restricted witnesses' ability to hear executions. Neither the right of access to governmental proceedings, nor the right of access to courts, provided plaintiffs grounds to requested information regarding their executions.
Constitutional Law 9th Sep. 18, 2019
Victory Processing v. Fox
Montana Code Section 45-8-216, addressing robocalls, failed to pass strict scrutiny because it was both underinclusive and overinclusive in relation to Montana's compelling state interest.
Constitutional Law 9th Sep. 11, 2019
DeLisi v. Lam
Terms used to describe required state of mind for landlord evicting tenant under City's rent control ordinance were not unconstitutionally vague; thus, judgment in favor of tenants affirmed.
Constitutional Law 1DCA/2 Sep. 9, 2019
Collins v. Thurmond
Appellants' state equal protection claim survived due to evidence of disparate impact, but their federal equal protection claim failed due to lack of sufficient allegations of discriminatory motive.
Constitutional Law 5DCA Sep. 3, 2019
Modification: Collins v. Thurmond
Appellants' state equal protection claim survived due to evidence of disparate impact, but their federal equal protection claim failed due to lack of sufficient allegations of discriminatory motive.
Constitutional Law 5DCA Sep. 3, 2019
Capp v. County of San Diego
Defendant not entitled to qualified immunity because plaintiff pled a plausible First Amendment retaliation claim; thus, district court's dismissal reversed in part.
Constitutional Law 9th Sep. 3, 2019
U.S. v. Town of Colorado City
For civil rights statutes, 'respondeat superior' liability applies and therefore a city may be liable for the unconstitutional conduct of its police officers or agents.
Constitutional Law 9th Aug. 27, 2019
Edmo v. Corizon
Prisoner established that 'course of treatment' chosen to alleviate her gender dysphoria 'was medically unacceptable under the circumstances' and thus established Eighth Amendment claim.
Constitutional Law 9th Aug. 26, 2019
Modification: Cal. Advocates for Nursing Home Reform v. Smith
Although Health and Safety Code Section 1418.8 was unconstitutional on its face because it lacked a notice requirement, the court remanded with directions to implement procedural safeguards preserving its constitutionality.
Constitutional Law 1DCA/4 Aug. 23, 2019
U.S. v. Cano
Border search exception does not permit warrantless, suspicionless forensic search of defendant's cell phone.
Constitutional Law 9th Aug. 19, 2019