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Lowry v. City of San Diego
Where dog, under close police control, bit sleeping woman thought to be potential burglar, summary judgment not improperly granted on excessive force claim.
Constitutional Law Jun. 6, 2017
Santopietro v. Howell
Summary judgment grant in Section 1983 claim improper where officers arrested street performer who arguably was merely soliciting tips, not engaging in a regulable business transaction.
Constitutional Law May 24, 2017
CTIA v. City of Berkeley
City ordinance requiring cellphone providers to post FCC safety guidelines in stores not violative of First Amendment, as City has interest in limiting commercial speech to promote public health.
Constitutional Law Apr. 24, 2017
Nelson v. Colorado
Colorado statute establishing procedure for obtaining restitution for wrongful conviction violates due process, as requirement to show 'actual innocence' is creates risk of erroneous deprivation of interest.
Constitutional Law Apr. 20, 2017
In re Marriage of Djulus
Commissioner's failure to obtain party's consent to act as temporary judge in case renders judgment of marital dissolution void.
Constitutional Law Apr. 18, 2017
Expressions Hair Design v. Schneiderman
New York law banning merchants from imposing surcharge for customers' use of credit card regulates speech, and therefore must survive First Amendment scrutiny.
Constitutional Law Mar. 30, 2017
People v. Superior Court (Lara)
'Cause' and law of case created where petition for emergency stay denied with merits opinion, even where no order to show cause is issued, so long as 'Palma' notice provided.
Constitutional Law Mar. 15, 2017
Peña-Rodriguez v. Colorado
Supreme Court recognizes exception to no-impeachment rule, which shields jury deliberations from further inquiry, where there are allegations of overt racial bias by juror.
Constitutional Law Mar. 7, 2017
Bethune-Hill v. Virginia State Board of Elections
In action alleging racial gerrymandering of Virginia's legislative districts, application of incorrect legal standard for racial predominance results in partially vacated judgment.
Constitutional Law Mar. 2, 2017
Yagman v. Garcetti
City of Los Angeles parking citation review procedures do not violate contestant's due process rights under 'Matthews' test.
Constitutional Law Jan. 22, 2017
Espinoza v. Shiomoto
SCOTUS decision in 'McNeely' does not grant drivers arrested on suspicion of DUI right to demand blood test requiring warrant to determine BAC.
Constitutional Law Jan. 16, 2017
Ames v. Kings County
Officer entitled to qualified immunity where life-threatening situation makes reasonable use of force to ensure proper medical care.
Constitutional Law Jan. 16, 2017
People ex rel. Peirson v. Superior Court (South Lake Tahoe Police Officers’ Association)
Statute prohibiting grand jury from inquiring into officer's use of lethal force is unconstitutional because it impairs criminal grand jury's constitutional authority to indict the accused.
Constitutional Law Jan. 11, 2017
Mathews v. Harris
Mandated reporters' constitutional challenge over CANRA's reporting mandates fail because no fundamental right is at issue and mandates take precedence over psychotherapist-patient privilege.
Constitutional Law Jan. 10, 2017
Puri v. Khalsa
Ministerial exception does not warrant dismissal of dispute over control of nonprofit entities associated with the Sikh Dharma religious community.
Constitutional Law Jan. 8, 2017
Marilley v. Bonham
Differential fees for nonresident fishers permissible under Privileges and Immunities Clause, where nonresidents receive benefit from state in form of significant resident taxes used to maintain and police fishery resources.
Constitutional Law Dec. 21, 2016
People v. Macabeo
Where bicyclist is stopped for minor vehicle infraction and no evidence shows arrest was to follow, search-incident-to-arrest exception does not allow for warrantless search of cyclist's cell phone.
Constitutional Law Dec. 5, 2016
National Shooting Sports Foundation v. State of California
Compliance with microstamping gun law may be impossible according to factual allegations of gun rights group, prohibiting pleadings judgment against challenging party.
Constitutional Law Dec. 1, 2016
Bravo-Fernandez v. United States
Issue-preclusion component of Double Jeopardy Clause does not bar retrial after jury returns irreconcilably inconsistent verdicts of conviction and acquittal and convictions later vacated on unrelated ground.
Constitutional Law Nov. 29, 2016
Oregon Coast Scenic Railroad v. Oregon Dept. of State Lands
State of Oregon's 'removal-fill law' is preempted by federal law as applied to repair work performed by contractor under agreement with federally regulated rail carrier.
Constitutional Law Nov. 24, 2016
Parisi v. Mazzaferro
Order granting petition for civil harassment restraining order affirmed but remand ordered so that trial court can more precisely define scope of prohibited conduct.
Constitutional Law Nov. 24, 2016
Atay v. County of Maui
Local Maui Ordinance that prohibits the cultivation and testing of genetically engineered plants is preempted by the Plant Protection Act.
Constitutional Law Nov. 20, 2016
People v. Morera-Munoz
Prohibition on providing peace officers with false information does not violate First Amendment as statute serves legitimate government purpose of assisting enforcement of Vehicle Code.
Constitutional Law Nov. 20, 2016
People v. Mary H.
Defendant subjected to psychiatric hold under Welfare and Institutions Code section 5150 unsuccessful in overturning five-year firearms ban.
Constitutional Law Nov. 7, 2016
People v. Hannon
Victim of embezzlement has right to submit victim impact statement on appeal but may not raise new legal issues or facts.
Constitutional Law Nov. 6, 2016
People v. Padilla
Life without parole sentence for juvenile offender imposed under SCOTUS 'Miller' decision must be reconsidered in light of recent 'Montgomery' decision addressing LWOP under Eighth Amendment.
Constitutional Law Oct. 26, 2016
Williams v. Johnson
Under AEDPA, convicted murderer's habeas petition for Sixth Amendment violation, based on anti-prosecution-biased juror being dismissed for unwillingness to follow law, fails.
Constitutional Law Oct. 23, 2016
NIFLA v. Harris
FACT Act, requiring licensed pregnancy centers to notice patrons of abortion availability, not subject to strict scrutiny; withstands intermediate scrutiny.
Constitutional Law Oct. 16, 2016
U.S. v. Carey
Police may use evidence obtained in 'plain hearing' when overhearing speakers unrelated to target conspiracy while listening to valid wiretap.
Constitutional Law Sep. 7, 2016
Clark v. Ryan
Arizona sex offender registry system does not violate constitutional prohibition against ex post facto punishment as system is nonpunitive in nature.
Constitutional Law Sep. 5, 2016