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American Fuel & Petrochemical Manufacturers v. O'Keeffe
District court properly rejected claims that a state environmental program violated the Commerce Clause or the Clean Air Act, where the state regulation regarding greenhouse emissions had 'valid factor unrelated to economic protectionism." 		Constitutional Law 9th Sep. 10, 2018
Black v. City of Rancho Palos Verdes
Where prior cases do not centrally deal with proposition central to instant matter, reliance upon those cases for proposition that administrative remedies need not be exhausted is improper. 		Constitutional Law 2DCA/1 Sep. 10, 2018
Barone v. City of Springfield
The government imposed an unconstitutional prior restraint when it prohibited an officer from speaking about 'anything' negative relating to the Springfield Police Department or City. 		Constitutional Law 9th Sep. 6, 2018
People v. Carter
Under California Supreme Court precedent 'People v. Gutierrez,' a trial court was required to consider factors bearing on the 'distinctive attributes of youth' before imposing the equivalent of a LWOP sentence on a juvenile offender. 		Constitutional Law 3DCA Sep. 6, 2018
The Board of Trustees of the Glazing Health and Welfare Trust v. Chambers
Nevada Senate Bill 223 was a legitimate exercise of Nevada's traditional state authority and was not preempted by the Employee Retirement Income Security Act. 		Constitutional Law 9th Sep. 5, 2018
Martin v. City of Boise
The Eighth Amendment's prohibition on cruel and unusual punishment bars city from prosecuting individuals criminally for sleeping outside on public property where said individuals have no home or available shelter elsewhere. 		Constitutional Law 9th Sep. 5, 2018
Lucero v. Holland
The introduction of a written gang memo at trial by a co-defendant was not ruled a violation of the Sixth Amendment's Confrontation Clause, since it was not created for the primary purpose of proving anything at trial and was not 'testimonial.' 		Constitutional Law 9th Sep. 4, 2018
Modification: 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 Aug. 24, 2018
U.S. v. Schram
Defendant forbidden from entering residence by court's no-contact order cannot claim an objectively-reasonable expectation of privacy therein. 		Constitutional Law 9th Aug. 22, 2018
Connor v. First Student Inc.
Some overlap between consumer reporting agency statutes does not render one unconstitutionally vague, where the statutes are 'otherwise unambiguous.' 		Constitutional Law 2DCA/4 Aug. 21, 2018
Moore v. Urquhart
Federal Courts Improvement Act providing judicial immunity does not preclude suit seeking injunctive relief against Sheriff executing eviction orders. 		Constitutional Law 9th Aug. 17, 2018
Fowler v. Guerin
The interest held in retirement accounts is private property and the skimming of such private property by the state constitutes a per se taking under the Takings Clause. 		Constitutional Law 9th Aug. 17, 2018
Askins v. U.S. Dept. of Homeland Security
A district court erred in dismissing plaintiffs First Amendment claims where the plaintiffs who took pictures at the border were on public property and the government guidelines that apply to members of the media to get prior approval do not necessarily apply to individuals. 		Constitutional Law 9th Aug. 15, 2018
Lanuza v. Love
Immigrant entitled to damages under 'Bivens' for a violation of Fifth Amendment right to due process because none of the 'Abbasi' special factors applied to him. 		Constitutional Law 9th Aug. 15, 2018
Rodriguez v. Swartz
Fourth Amendment prohibitions against unreasonable seizure apply to border patrol officer employing deadly force from U.S. side of southern border to kill peaceful individual on Mexican side. 		Constitutional Law 9th Aug. 8, 2018
Henry v. Spearman
California prisoner has standing to bring vagueness challenge to second-degree-felony-murder rule based on residual clause of 'Johnson v. U.S.' 		Constitutional Law 9th Aug. 7, 2018
Gallinger v. Becerra
Statute eliminating school zone firearm carry exemption for permitted concealed carriers but not former peace officers survives rational basis review. 		Constitutional Law 9th Aug. 6, 2018
Pena v. Lindley
Regulations requiring new firearms to bear certain safety mechanisms and a microstamping device to identify discharged rounds passes intermediate scrutiny as 'reasonable' means toward important governmental ends of public safety and crime prevention. 		Constitutional Law 9th Aug. 6, 2018
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
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