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J.W. v. Watchtower Bible & Tract Society of New York, Inc.
If evidence suggests a party understood a court order, then that party will be deemed to have proper notice and thus cannot argue its due process rights were violated by that order.
Constitutional Law 4DCA/2 Dec. 12, 2018
Love et al. v. State Dept. of Education et al.
Senate Bill No. 277's elimination of a parent's ability to opt out of the vaccination requirements imposed on children based on a parent's personal beliefs does not violate substantive due process.
Constitutional Law 3DCA Dec. 7, 2018
People v. McClinton
It was not a violation of Equal Protection for a trial court to deny a petition for immediate release because a Sexually Violent Predator offender is required to wait one year for said petition, to further the state's compelling reason of protecting the public.
Constitutional Law 4DCA/1 Dec. 4, 2018
Soltysik v. Padilla
A court must determine whether the government has an important interest that outweighs any constitutional burdens of placing 'Party Preference: None' labels on non-qualified parties running California Elections.
Constitutional Law 9th Dec. 4, 2018
People v. Superior Court (Ahn)
Physicians lack standing to challenge physician-assisted suicide legislation, where they do not have 'requisite commonality' of interest with patients represented, nor have concrete standing themselves.
Constitutional Law 4DCA/2 Nov. 29, 2018
Modification: People v. Superior Court (Ahn)
Physicians lack standing to challenge physician-assisted suicide legislation, where they do not have 'requisite commonality' of interest with patients represented, nor have concrete standing themselves.
Constitutional Law 4DCA/2 Nov. 29, 2018
Thompson v. Hebdon
State limit on aggregate out-of-state contributions does not target 'actual quid pro quo corruption or its appearance,' thus impermissible under 'Citizens United' and 'McCutcheon;' individual limits OK.
Constitutional Law 9th Nov. 28, 2018
In Re Twelve Grand Jury Subpoenas
There are no exceptions in which a corporate custodian may resist a subpoena for corporate records on Fifth Amendment grounds, even if he proves that he is the sole shareholder, officer, or member.
Constitutional Law 9th Nov. 9, 2018
Modification: Ivory Education Institute v. Dept. of Fish & Wildlife
Exception for activities authorized by the federal government under Fish & Game Code Section 2022 not unconstitutionally vague; federal laws, exemptions, or permits can be ascertained with inquiry.
Constitutional Law 2DCA/4 Nov. 7, 2018
People v. Vera
Traffic stop wasn't unconstitutionally prolonged by dog sniff where the motorist was cited for a tinted-window infraction, and the dog alerted to drugs in the vehicle; thus no suppression was required.
Constitutional Law 4DCA/2 Nov. 7, 2018
Ivory Education Institute v. Dept. of Fish & Wildlife
Exception for activities authorized by the federal government under Fish & Game Code Section 2022 not unconstitutionally vague; federal laws, exemptions, or permits can be ascertained with inquiry.
Constitutional Law 2DCA/4 Nov. 5, 2018
U.S. v. Carter
A temporary disability fails the stringent test of 'Maryland v. Craig,' used to determine whether a defendant's right to confront accusatory witnesses is satisfied absent a physical, face-to-face confrontation at trial.
Constitutional Law 9th Nov. 5, 2018
Maryland v. Craig
The court ruled that the Sixth Amendment's Confrontation Clause, which provides criminal defendants with the right to confront witnesses against them, did not bar the use of one-way closed-circuit television to present testimony by an alleged child sex abuse victim.
Constitutional Law USSC Nov. 5, 2018
Knox v. Brnovich
Arizona's 2016 election law not preempted by federal law because Congress did not intend to regulate the uncompensated carriage of mail and the regulation exempted United States postal workers.
Constitutional Law 9th Nov. 1, 2018
Grovey v. Townsend
A reformulation of Texas' white primaries system is constitutional
Constitutional Law USSC Nov. 1, 2018
Modification: 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 Oct. 16, 2018
AFDI v. King County
Giving offense is a viewpoint, thus rejecting an advertisement solely because it offends is deemed not to be viewpoint neutral
Constitutional Law 9th Sep. 28, 2018
People v. Fews
Patsearch of passenger in vehicle may be supported by reasonable suspicion whether or not vehicle search itself was supported by probable cause.
Constitutional Law 1DCA/1 Sep. 26, 2018
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