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Constitutional

U.S. Court of Appeals for the Ninth Circuit
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Fuhr v. City of Seattle — Ninth Circuit Grants Qualified Immunity to SWAT Officer Who Shot Fleeing Father Holding Infant Daughter

Ninth Circuit affirms summary judgment for a Seattle SWAT officer who shot and killed an armed, fleeing father holding his infant daughter, holding that no clearly established law put the officer on notice that deadly force in those circumstances was unconstitutional.

California Supreme Court
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People v. Morris — California Supreme Court Says Non-Killer Must Aid the Lethal Act, Not Just the Underlying Felony, to Be Guilty of First-Degree Felony Murder

The California Supreme Court holds that a non-killer accomplice with intent to kill is guilty of first-degree felony murder only if they aided the actual killer in the lethal act itself, not merely the underlying felony — reopening resentencing for many defendants previously denied.

Ninth Circuit
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Hogan v. Bean — Ninth Circuit denies en banc rehearing in death-penalty habeas case, leaving in place panel’s broad reading of Martinez v. Ryan despite forceful nine-judge dissent

The Ninth Circuit denies en banc rehearing in a Nevada death-penalty habeas case, leaving in place a panel decision allowing the petitioner to invoke Martinez v. Ryan to revive long-defaulted trial-ineffective-assistance claims, over a forceful dissent from nine judges.

Ninth Circuit
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Sanchez Gonzalez v. U.S. Department of State — Ninth Circuit affirms visa denial of California spouse, holding that even after Muñoz a U.S. citizen’s First Amendment right to hear a noncitizen still triggers limited Mandel review

The Ninth Circuit affirms the denial of a Mexican spouse’s visa application, holding that after Department of State v. Muñoz a U.S. citizen spouse can still invoke the Mandel exception based on her First Amendment right to receive information, but that the consular officer’s reason-to-be

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