Constitutional Cases
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Constitutional

2nd District Court of Appeal
Uncategorized

People v. Hardy — California’s Assault Weapon, Silencer, and Large-Capacity Magazine Bans Survive Second Amendment Facial Challenge After Bruen

Second District rejects facial Second Amendment challenges to California’s prohibitions on assault weapons, short-barreled shotguns, silencers, and large-capacity magazines, holding that these regulations survive scrutiny under Heller, Bruen, and the common use test.

Ninth Circuit
Uncategorized

United States v. Bolandian — Ninth Circuit vacates insider-trading conviction, holding the trial court abdicated its duty to investigate a juror who said he might not be impartial

The Ninth Circuit vacates an insider-trading conviction because the trial court failed to investigate a juror who said he was unsure of being impartial, instead asking the juror to monitor his own bias, in violation of the Sixth Amendment right to an impartial jury.

Ninth Circuit
Uncategorized

Shoshone-Bannock Tribes v. U.S. Department of the Interior — Ninth Circuit denies en banc rehearing in dispute over BLM land exchange involving 1900 ceded reservation lands, leaving panel ruling for the tribes intact

The Ninth Circuit denies panel rehearing and rehearing en banc in the tribes’ challenge to a BLM land exchange under FLPMA, leaving in place the panel’s ruling that an 1900 cession statute restricts disposal of certain Fort Hall ceded lands.

Supreme Court
Uncategorized

People v. Bertsch and Hronis — Convictions Affirmed, Bertsch Death Sentence Stands, but Hronis Death Sentence Vacated Because of Later Changes to Self-Representation Law

The California Supreme Court affirms the convictions and Bertsch’s death sentence in this 1985 kidnap-rape-murder case but reverses Hronis’s death sentence because of post-trial changes in the law governing a defendant’s mental competency to represent himself.

Ninth Circuit
Uncategorized

Gonzales v. Battelle Energy Alliance — Ninth Circuit holds that revoking a Security Police Officer’s fitness-for-duty certification is reviewable under the ADA, distinguishing it from a national-security clearance

The Ninth Circuit holds that a federal contractor’s revocation of a Security Police Officer’s Part 1046 fitness-for-duty certification is reviewable under the ADA and is not the kind of national-security clearance decision insulated from review under Department of Navy v. Egan.

Ninth Circuit
Uncategorized

United States v. Gonzalez-Reyes — Ninth Circuit holds California rape conviction is a categorical match for federal aggravated felony, blocking collateral attack on illegal-reentry charge

The Ninth Circuit holds that a California rape conviction under Penal Code section 261(a)(2) is a categorical match for the federal generic definition of rape, qualifying as an aggravated felony and defeating an illegal-reentry defendant’s collateral attack on his prior removal order.

6th District Court of Appeal
Uncategorized

Armstrong v. Superior Court — Probation department, not court, decides eligibility for young adult deferred entry of judgment under Penal Code section 1000.7

Sixth District holds that the probation department, not the trial court, decides eligibility for Penal Code section 1000.7’s young adult deferred entry of judgment pilot program and rejects separation of powers and abuse of discretion challenges to a denial based on out-of-county residence.

1st District Court of Appeal
Uncategorized

Independent Office of Law Enforcement Review v. Sonoma County Sheriff — County sheriff oversight entities have subpoena power for whistleblower investigations under Government Code section 25303.7

First District holds that Sonoma County’s IOLERO has subpoena authority under Government Code section 25303.7 to investigate whistleblower complaints against the Sheriff and orders enforcement of subpoenas issued to deputies.

5th District Court of Appeal
Uncategorized

In re Bergstrom — Penal Code section 292 validly defines ‘acts of violence’ and ‘great bodily harm’ under California Constitution’s no-bail provision

Fifth District holds that Penal Code section 292’s definitions of ‘acts of violence’ and ‘great bodily harm’ are constitutional under California Constitution article I, section 12, and that a no-bail order in a serious child sexual abuse case was supported by clear and

5th District Court of Appeal
Uncategorized

City of Fresno v. Superior Court — ‘Great bodily injury’ in Penal Code section 832.7 means significant or substantial physical injury, not the narrower ‘serious bodily injury’ standard

Fifth District holds that ‘great bodily injury’ in Penal Code section 832.7 carries the long-established Penal Code section 12022.7 definition of significant or substantial physical injury, requiring broader disclosure of police K-9 use-of-force records under the CPRA.

1st District Court of Appeal
Uncategorized

Alameda County Taxpayers’ Association v. City of Oakland — Oakland Zoo parcel tax initiative survives challenge after severing references to private operator

First District holds that an Oakland voter initiative funding the Oakland Zoo violated the California Constitution by naming a private operator, but the offending references can be severed and the measure passed with the required simple majority.

2nd District Court of Appeal, Division One
Uncategorized

Fix the City v. City of Los Angeles — Mayor Bass’s Local Housing/Homelessness Emergency Declaration Was Authorized by City Code and Not Preempted by State Emergency Services Act

Second District affirms denial of a writ challenge to Los Angeles Mayor Karen Bass’s 2023 housing-and-homelessness emergency declaration, holding section 8.33 of the Los Angeles Administrative Code is not preempted by the California Emergency Services Act.

2nd District Court of Appeal, Division One
Uncategorized

In re Lynex — Racial Justice Act Petitioner Entitled to Counsel on a ‘Plausible Allegation’ Standard, Not a Prima Facie Showing

Second District grants writ of mandate, holding that an indigent petitioner under California’s Racial Justice Act must show only a ‘plausible allegation’ of a violation to obtain counsel — not a prima facie showing of entitlement to relief — and may amend his petition to meet that

4th District Court of Appeal, Division Three
Uncategorized

Anaheim Police Dept. v. Crockett — Gun Violence Restraining Order Properly Issued Against Father Whose Son Threatened a School Shooting

Fourth District affirms a Gun Violence Restraining Order against a father whose adult son with a documented mental-health history threatened a mass shooting at a local high school, holding the order survives Second Amendment, vagueness, and overbreadth challenges.

4th District Court of Appeal, Division One
Uncategorized

People v. Zapata — Confession to Undercover ‘Perkins’ Operatives Inadmissible When Suspect Had Invoked Right to Counsel

Fourth District reverses a second-degree-murder conviction, holding that statements obtained from a defendant during an undercover Perkins operation were inadmissible under Miranda because the suspect had invoked his right to counsel and a known law-enforcement officer continued to ‘stimulate&

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