California Case Summaries

Constitutional Law

Secondary practice area

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law

Knife Rights, Inc. v. Bonta — Ninth Circuit Denies En Banc Review, Upholding California Switchblade Regulations

The Ninth Circuit denied panel rehearing and rehearing en banc in a Second Amendment challenge to California's switchblade knife regulations, leaving intact a panel ruling that California's ban on the concealed carry of switchblade knives survives a facial constitutional challenge under the Bruen framework.

2nd District Court of Appeal, Constitutional Law, Criminal Law

Muradyan v. Bonta — Lifetime Sex Offender Registration for Child Luring Offense Survives Equal Protection Challenge

California's Second District Court of Appeal affirmed that placing child-luring offenders in the lifetime sex offender registration tier does not violate equal protection, because the Legislature could rationally find that the predatory, premeditated nature of luring crimes signals a higher risk of recidivism than other sex offenses.

Ninth Circuit Court of Appeals, Administrative Law, Banking & Finance, Constitutional Law

Novedades y Servicios v. FinCEN — Ninth Circuit Upholds Block on Treasury’s Sweeping Southwest Border Cash-Reporting Order

The Ninth Circuit affirms a preliminary injunction blocking FinCEN’s “Border GTO” — which required money services businesses in 30 southwest border ZIP codes to file cash-transaction reports for amounts as low as $200 — finding the order was likely a rule requiring notice-and-comment rulemaking and that it was adopted in an arbitrary and capricious manner.

3rd District Court of Appeal, Constitutional Law, Criminal Law

People v. Garner — A 50-Year Juvenile Sentence Is Not a De Facto Life Term When Parole Is Available Under Section 3051

The Third District held that a juvenile offender's 50-year determinate sentence is not the functional equivalent of life without parole — and therefore does not qualify for resentencing under Penal Code section 1170(d)(1) — because section 3051 gave him a meaningful parole opportunity during his 15th year of incarceration.

1st District Court of Appeal, Administrative Law, Constitutional Law, Real Estate Law

City of Clearlake v. Highlands Mutual Water Co. — Statute Requiring Cancellation of Public Entity’s Water Company Shares Is Constitutional

The First District holds that Corporations Code section 14300's mandatory cancellation of a public entity's appurtenant water company shares does not violate the California Constitution's limited exception permitting public entities to hold such shares.

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