Constitutional Law

Ninth Circuit Court of Appeals, Constitutional Law, Immigration

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

automatic / April 15, 2026

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.

California Supreme Court, Constitutional Law, Criminal Law

People v. Deen — Death Sentence Reversed Because Trial Court Failed to Probe Juror’s Possible Bias from Knowing the Murdered Police Chief

automatic / April 6, 2026

The California Supreme Court reverses Omar Deen's capital conviction and death sentence because the trial court failed to adequately examine whether a juror who had a personal connection to the murdered police chief harbored actual bias.

6th District Court of Appeal, Constitutional Law, Criminal Law

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

automatic / March 27, 2026

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, Administrative Law, Constitutional Law

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

automatic / March 26, 2026

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.

4th District Court of Appeal, Constitutional Law, Criminal Law

In re E.J. — Penal Code section 29820 firearm prohibition for juvenile offenders is facially constitutional under Bruen framework

automatic / March 26, 2026

Fourth District holds that Penal Code section 29820's firearm prohibition for certain juvenile wards until age 30 is facially constitutional under both the Second Amendment Bruen framework and the Due Process Clause.

5th District Court of Appeal, Constitutional Law, Criminal Law

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

automatic / March 26, 2026

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 convincing evidence.

5th District Court of Appeal, Administrative Law, Constitutional Law

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

automatic / March 23, 2026

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, Constitutional Law, Election Law

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

automatic / March 9, 2026

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, Administrative Law, Constitutional Law

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

automatic / February 27, 2026

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, Constitutional Law, Criminal Law

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

automatic / February 19, 2026

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 standard.

4th District Court of Appeal, Constitutional Law, Criminal Law

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

automatic / February 13, 2026

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, Constitutional Law, Criminal Law

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

automatic / February 10, 2026

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' the operation in a manner that amounted to custodial interrogation.

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

People v. Heaps — UCLA Gynecologist’s Convictions Reversed Where Trial Court’s Ex Parte Communications With Jury Deprived Defendant of Counsel

automatic / February 2, 2026

Second District reverses convictions of former UCLA gynecologic oncologist James Heaps, holding the trial court's ex parte communications with the jury through a judicial assistant — without notifying counsel — deprived defendant of counsel at a critical stage and the prosecution failed to prove the error was harmless.

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

Brown v. DMV — Driver Has No Due-Process Right to Identity of Anonymous Reporter Who Triggers Driver Reexamination

automatic / January 30, 2026

Third District affirms denial of writ relief, holding that the DMV is not required to disclose the identity of an anonymous third-party reporter whose request triggered a driver reexamination that ultimately led to license suspension.

California Supreme Court, Constitutional Law, Criminal Law

Sellers v. Superior Court — Loose Marijuana Crumbs on a Car Floor Are Not an Open Container and Cannot Justify a Vehicle Search

automatic / January 29, 2026

The California Supreme Court holds that a small amount of loose marijuana scattered on a car floor is not an open container under state law and does not give police probable cause to search the vehicle.

California Supreme Court, Administrative Law, Constitutional Law

City of Gilroy v. Superior Court — Public Records Act Allows Declaratory Relief Even After Records Are Disclosed, but Imposes No Three-Year Retention Duty

automatic / January 15, 2026

The California Supreme Court holds that requesters under the California Public Records Act can sometimes obtain declaratory relief even after the agency has produced everything responsive, but the statute does not impose a three-year duty to preserve records the agency has withheld as exempt.

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

Microsoft Corp. v. Superior Court — Nondisclosure Order Barring Notice to USC Survives CalECPA and First Amendment Challenge

automatic / January 14, 2026

Second District denies Microsoft's writ petition challenging a court-issued nondisclosure order that barred Microsoft from notifying its enterprise customer, USC, that the LAPD had served a search warrant on a USC graduate student's email account.

1st District Court of Appeal, Constitutional Law, Criminal Law

People v. McCowan — Inventory Search of Towed Vehicle Upheld; Bruen Does Not Invalidate California’s Assault-Weapon and Magazine Bans

automatic / January 13, 2026

First District affirms convictions for possessing an assault weapon and a large-capacity magazine, holding the inventory search of the defendant's vehicle was lawful and that California's assault-weapon and magazine bans survive Bruen.

1st District Court of Appeal, Constitutional Law, Criminal Law

In re Thai — Indeterminate-Life Inmates Not Constitutionally Entitled to Same Conduct Credits Toward Youth-Parole Eligibility as Toward Standard Parole

automatic / January 13, 2026

First District denies habeas relief, holding that CDCR may constitutionally permit only educational merit credits — and not other prison conduct credits — to advance an inmate's youth-parole eligibility date under Penal Code section 3051.