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Name Category Published
Frank v. Gaos
'Spokeo' standard that 'concrete injury' is required for standing even in context of statutory violation requires remand of class action suit over Stored Communication Act violations. 		Constitutional Law USSC Mar. 21, 2019
McNeil v. Sherwood School District 88J
Because appellant's hit list of students that 'must die' established a sufficient nexus to the school, the School District could regulate his off-campus speech without violating his First Amendment rights. 		Constitutional Law 9th Mar. 15, 2019
Su v. Stephen S. Wise Temple
Teachers who taught religious principles, but were not held out as ministers and required no formal religious education or background, were not ministerial employees as a matter of law. 		Constitutional Law 2DCA/3 Mar. 12, 2019
Spreitz v. Ryan
In evaluating defendant's long-term alcohol and substance abuse, Arizona Supreme Court applied its causal nexus test in violation of 'Eddings v. Oklahoma' and refused to consider it in assessing nonstatutory mitigating circumstances. 		Constitutional Law 9th Mar. 5, 2019
Fazaga v. Walls
Foreign Intelligence Surveillance Act displaces federal common law state secrets privilege; its procedures are to be used when party challenges legality of electronic surveillance. 		Constitutional Law 9th Mar. 1, 2019
Garza v. Idaho
Plea agreement including appeal waivers does not change application of 'Flores-Ortega' rule that, where counsel's deficient performance precludes defendant's desired appeal, prejudice in ineffective assistance claim is presumed. 		Constitutional Law USSC Feb. 28, 2019
Madison v. Alabama
Under Eighth Amendment, court must determine whether prisoner possesses 'rational understanding of why the State wants to execute him' before proceeding with execution. 		Constitutional Law USSC Feb. 28, 2019
Marquez v. City of Long Beach
Legislature may exercise authority over minimum wages, despite authority in charter cities to legislate as to municipal affairs, because minimum wage addresses state's interest in ensuring workers can afford necessities in life. 		Constitutional Law 2DCA/7 Feb. 27, 2019
Miller v. Inslee
'Janus' does not render state-mandated exclusive bargaining arrangement a First Amendment free association violation. 		Constitutional Law 9th Feb. 27, 2019
Grafilo v. Cohanshohet
Order to produce medical records of five of defendant's patients in connection with an investigation into his prescription of controlled substances was reversed; state failed to demonstrate good cause to obtain records. 		Constitutional Law 2DCA/8 Feb. 22, 2019
Timbs v. Indiana
Excessive Fines Clause 'deeply rooted in Nation's history and tradition,' incorporated against states through Fourteenth Amendment, including against in rem forfeitures that are 'at least partially punitive' 		Constitutional Law USSC Feb. 21, 2019
Moore v. Texas
Where state court relies too heavily on mentally impaired defendant's cognitive strengths rather than his weaknesses in determining fitness for execution, analysis fails constitutional muster. 		Constitutional Law USSC Feb. 20, 2019
Perez v. County of Monterey
Monterey County ordinance prohibiting the keeping of over four roosters on a single property without a county-issued permit does not violate the Constitution on its face. 		Constitutional Law 6DCA Feb. 19, 2019
American Beverage Association v. City and County of San Francisco
The 'Zauderer' test provides the appropriate framework to analyze a First Amendment claim involving compelled commercial speech involving health and safety warnings; warning covering 20 percent of sugary beverage advertisements deemed unduly burdensome. 		Constitutional Law 9th Feb. 1, 2019
Rall v. Tribune 365 LLC
A newspaper has a First Amendment right to publish or not to publish any story it chooses, in particularly a newspaper has the right to not publish a certain writer's work. 		Constitutional Law 2DCA/8 Jan. 22, 2019
Rocky Mountain Farmers Union v. Corey
Claim that 2015 Low Carbon Fuel Standard violated Commerce Clause was precluded by prior decision in 'Rocky Mountain Farmers Union v. Corey;' controlling substance at crux of the case had not changed. 		Constitutional Law 9th Jan. 22, 2019
Olivier v. Baca
Measures to preserve security and order during disturbances by inmates and lockdowns may require limitation or retraction of the retained constitutional rights of both convicted prisoners and pretrial detainees. 		Constitutional Law 9th Jan. 14, 2019
Venice Coalition etc. v. City of Los Angeles
Land use decisions that do not require a public officer to exercise independent judgment are deemed to be ministerial and thus do not trigger due process protections. 		Constitutional Law 2DCA/8 Jan. 11, 2019
People v. Duenas
A court must stay the execution of a restitution fine imposed by Penal Code Section 1202.4, until and unless the People demonstrate that a defendant has the ability to pay the fine. 		Constitutional Law 2DCA/7 Jan. 10, 2019
U.S. v. Torres
Government's interests in controlling crime and ensuring public safety are promoted by keeping firearms out of the hands of unlawful aliens; thus, 18 U.S.C. Section 922(g)(5) is constitutional under intermediate scrutiny. 		Constitutional Law 9th Jan. 9, 2019
Modification: People v. McClinton
No Equal Protection Clause violation where trial court denies petition for immediate release because a Sexually Violent Predator offender is required to wait one year for said petition 		Constitutional Law 4DCA/3 Jan. 2, 2019
Modacure v. B&B Vehicle Processing, Inc.
Under Vehicle Code Section 22851.1, a plaintiff has a property interest in the disposition of the proceeds from the sale of her/his impounded vehicle that is protected by the due process clause. 		Constitutional Law 1DCA/5 Dec. 27, 2018
Lane v. Swain
Bureau of Prisons Prohibited Acts Code 203 does not violate a prisoner's First Amendment rights because it is a sufficiently 'close fit' with the government's legitimate interest in preventing criminal conduct by inmates. 		Constitutional Law 9th Dec. 21, 2018
Lane v. Salazar
Bureau of Prisons statute prohibiting the mailing of threatening letters while imprisoned is not unconstitutionally vague and is sufficiently narrow to encompass untruthful threats. 		Constitutional Law 9th Dec. 21, 2018
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
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