Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-35408
|
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 |
|
K. Wardlaw | Aug. 15, 2018 |
15-16410
|
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 |
|
A. Kleinfeld | Aug. 8, 2018 |
17-70170
|
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 |
|
R. Gould | Aug. 7, 2018 |
16-56125
|
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 |
|
J. Owens | Aug. 6, 2018 |
15-15449
|
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 |
|
M. McKeown | Aug. 6, 2018 |
17-17478
|
San Francisco v. Trump
'No reasonable argument' that President did not exceed authority in ordering withheld Congressionally-approved appropriations to 'sanctuary' jurisdictions. |
Constitutional Law |
|
S. Thomas | Aug. 2, 2018 |
13-56686
|
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 |
|
R. Gould | Jul. 30, 2018 |
A153818
|
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 |
|
E. Schulman | Jul. 26, 2018 |
16-55425
|
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 |
|
P. Curiam (9th Cir.) | Jul. 26, 2018 |
15-99001
|
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 |
|
W. Fletcher | Jul. 26, 2018 |
12-17808
|
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 |
|
D. O'Scannlain | Jul. 25, 2018 |
17-10424
|
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 |
|
T. Berg | Jul. 24, 2018 |
B279452
|
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 |
|
S. Perren | Jul. 23, 2018 |
S115378
|
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 |
|
M. Chin | Jul. 20, 2018 |
15-70759
|
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 |
|
S. Graber | Jul. 18, 2018 |
D072610
|
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 |
|
G. Nares | Jul. 16, 2018 |
16-17216
|
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 |
|
E. Vitaliano | Jul. 16, 2018 |
15-99011
|
White v. Ryan
Death row inmate's habeas corpus relief granted where ineffective assistance of counsel consisted of not presenting mitigating evidence at the sentencing or resentencing hearing. |
Constitutional Law |
|
J. Nguyen | Jul. 12, 2018 |
16-17375
|
Wheeler v. City of Santa Clara
A district court didn't abuse its discretion by rejecting civil rights claims asserted against a city in the death of plaintiff's biological mother, where the plaintiff was unable to demonstrate that he had a close familial relationship, and thus 'didn't have the structure to be protected by the Fourteenth Amendment.' |
Constitutional Law |
|
G. Katzmann | Jul. 5, 2018 |
S079925
|
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 |
|
M. Cuéllar | Jul. 3, 2018 |
17-742
|
Sause v. Bauer
Pro se plaintiff alleging facts supporting Fourth Amendment claim, even where said plaintiff instead pursues First Amendment grounds on appeal, should nonetheless have had the lower court analyze the Fourth Amendment claims. |
Constitutional Law |
|
P. Curiam (Cal Courts of Appeal) | Jun. 29, 2018 |
17-1106
|
Sexton v. Beaudreaux
Reviewing federal court must give some credence to potential basis upon which state court summarily denying habeas ruling could have decided the matter. |
Constitutional Law |
|
P. Curiam (USSC) | Jun. 29, 2018 |
16-1466
|
Janus v. American Federation of State, County, and Municipal Employees, Council 31
'Abood,' overturned; public-sector agency-shop arrangement contravenes First Amendment. |
Constitutional Law |
|
Jun. 28, 2018 | |
17-965
|
Trump v. Hawaii
Immigration and Nationality Act 'exudes deference to the President in every clause,' grants authority for Proclamation preventing travel from countries based on administration's 'thorough' threat evaluations. |
Constitutional Law |
|
J. Roberts | Jun. 27, 2018 |
16-1140
|
National Institute of Family and Life Advocates v. Becerra
California law requiring state-drafted notice be disseminated in licensed pregnancy centers fails intermediate scrutiny as 'wildly underinclusive' and not properly tailored. |
Constitutional Law |
|
C. Thomas | Jun. 27, 2018 |
17-586
|
Abbott v. Perez
District court improperly flips burden of proof when requiring state to show redistricting plans lacked discriminatory intent. |
Constitutional Law |
|
S. Alito | Jun. 26, 2018 |
16-402
|
Carpenter v. United States
Notwithstanding third-party doctrine, defendant maintains reasonable expectation of privacy in cellphone-generated location data. |
Constitutional Law |
|
J. Roberts | Jun. 25, 2018 |
16-1348
|
Currier v. Virginia
Double Jeopardy Clause does not prevent separate trials on different counts where defendant sought and agreed to such a severance. |
Constitutional Law |
|
N. Gorsuch | Jun. 25, 2018 |
17-494
|
South Dakota v. Wayfair Inc.
'Quill' precedent, requiring 'physical presence' of taxed entity within taxing state to satisfy 'substantial nexus' prong of Commerce Clause test, is overruled as unsound and incorrect. |
Constitutional Law |
|
A. Kennedy | Jun. 22, 2018 |
17-130
|
Lucia v. SEC
SEC administrative law judges, wielding 'significant authority' and discretion, are 'Officers of the United States' subject to the appointment clause. |
Constitutional Law |
|
E. Kagan | Jun. 22, 2018 |