This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
U.S. v. Swisher
18 U.S.C. Section 704(a), which prohibits wearing unauthorized military medals, violates First Amendment.
Constitutional Law Jan. 12, 2016
Howard Jarvis Taxpayers Association et al. v. Padilla (Legislature of the State of California)
Legislature may place Proposition 49 advisory measure on ballot seeking voter approval for proposed federal constitutional amendment overturning U.S. Supreme Court decision 'Citizens United.'
Constitutional Law Jan. 5, 2016
Americans for Prosperity Foundation v. Harris
California Attorney General may collect, but not publicly disclose, nonprofit organizations' IRS Form 990 Schedule B forms though they contain information on major donors.
Constitutional Law Dec. 31, 2015
In re Chase C.
Minor exercises free speech right where he verbally encourages fellow minor not to cooperate with sheriff's deputy; does not commit obstruction when encouraging unlawfully detained friends not to cooperate.
Constitutional Law Dec. 21, 2015
Shapiro v. McManus
Petitioners' suit challenging Maryland's congressional redistricting should have been heard by three-judge panel; district court errs in dismissing action.
Constitutional Law Dec. 9, 2015
Marilley v. Bonham
Four of California's commercial fishing license fees charging non-residents two to three times more than residents, violate the Privileges and Immunities Clause.
Constitutional Law Sep. 21, 2015
Rancho De Calistoga v. City of Calistoga
Mobile home park owners cannot escape rent control by asserting 'as-applied private takings' claim.
Constitutional Law Sep. 8, 2015
Michaels v. Turk
Restraining order void where self-represented party does not consent to having a commissioner hear the matter.
Constitutional Law Sep. 1, 2015
Crofoot v. Harris
California is not required to terminate sex offender's lifetime registration requirement based on Washington conviction although Washington released him from such requirement.
Constitutional Law Aug. 27, 2015
Alamo Recycling v. Anheuser Busch Inbev Worldwide
California recycling centers' effort to enjoin beverage companies from placing California recycling label on beverage containers sold outside California violates dormant commerce clause.
Constitutional Law Aug. 26, 2015
City of Cerritos v. State of California
Municipalities fail to challenge Assembly Bill that dissolved redevelopment agencies by asserting additional constitutional grounds not previously addressed in prior case upholding constitutionality of the Bill.
Constitutional Law Aug. 26, 2015
Duarte Nursery v. Cal. Grape Rootstock Improvement Comm.
California Grape Rootstock Improvement Commission's mandatory assessment of fees upon rootstock nurseries in order to fund research is valid exercise of state's police power.
Constitutional Law Aug. 26, 2015
Cummings v. Martel
Bailiff's testimony of defendant's incriminating statement does not violate due process, failing second prong of <EM>Turner</EM> test.
Constitutional Law Aug. 12, 2015
Arizona Libertarian Party v. Bennett
Arizona's voter registration law imposes at most, a <EM>de minimus</EM> burden and is rationally related to the state's legitimate interest.
Constitutional Law Aug. 9, 2015
People v. Knight
Adverse statements made during Marsden hearing receive 'use immunity;' trial court's advisement otherwise merits reversal.
Constitutional Law Aug. 2, 2015
Novak v. United States
Jones Act does not violate Commerce Clause, as impact of cabotage language on Hawaiian commerce is byproduct of appropriate regulation.
Constitutional Law Jul. 30, 2015
Chinatown Neighborhood Association v. Harris
Parties that previously engaged in cultural practices and commerce involving shark fins fail to overturn California's Shark Fin Law.
Constitutional Law Jul. 27, 2015
Stormans Inc. dba Ralph’s Thriftway v. Weisman
Washington rules requiring timely delivery of all prescription medication passes constitutional muster despite parties' religious objections.
Constitutional Law Jul. 23, 2015
Arizona State Legislature v. Arizona Independent Redistricting Commission
The Elections Clause permits the people of Arizona to provide for redistricting by independent commission.
Constitutional Law Jun. 29, 2015
U.S. v. Esparza
Admission of document-based hearsay evidence clear violation of Confrontation Clause, where documents prepared in anticipation of prosecution, and where witness in question was available.
Constitutional Law Jun. 29, 2015
Johnson v. United States
Imposing an increased sentence under the residual clause of the Armed Career Criminal Act violates the Constitution's guarantee of due process.
Constitutional Law Jun. 28, 2015
Carlson v. Atty Gen. of Cal.
Reasonable to invoke forfeiture-by-wrongdoing exception to Confrontation Clause where evidence suggests defendant father coerced wife and son (the purported abuse victim in the case) to not testify.
Constitutional Law Jun. 28, 2015
People v. Elizalde
Questioning unadmonished arrestee about gang membership exceeds 'booking exception.'
Constitutional Law Jun. 25, 2015
Horne v. Dept. of Agriculture
USDA regulation of California raisin producers, which required producers to place percentage of raisin crops in reserve, constitutes unconstitutional taking.
Constitutional Law Jun. 22, 2015
City of Los Angeles v. Patel
Facial challenges can be brought under the Fourth Amendment; city law requiring hotel operators make their registries available to police is facially unconstitutional.
Constitutional Law Jun. 22, 2015
Ohio v. Clark
Three-year-old's out-of-court statements to teachers were not testimonial under the Confrontation Clause.
Constitutional Law Jun. 18, 2015
Walker v. Texas Division, Sons of Confederate Veterans Inc.
Texas DMV's denial of confederate group's license plate design does not implicate free speech protections because the plates convey government speech.
Constitutional Law Jun. 18, 2015
Reed v. Town of Gilbert, Arizona
Town's comprehensive code governing manner in which people may display outdoor signs are content-based regulations and do not pass strict scrutiny.
Constitutional Law Jun. 18, 2015
U.S. v. Macias
Plain error to admit amended registration of birth in contravention of Confrontation Clause; however, error is harmless, as "overwhelming" other evidence demonstrated defendant's guilt.
Constitutional Law Jun. 15, 2015
Zivotofsky v. Kerry
President has exclusive, conclusive power to recognize nations and, as such, Americans born in Jerusalem may not list 'Israel' as birthplace in U.S. passport.
Constitutional Law Jun. 8, 2015