California Case Summaries

Constitutional Law

Secondary practice area

4th District Court of Appeal, Constitutional Law, Labor & Employment Law, Litigation

Adelanto Elementary School District v. Krause — Employers Cannot Waive the Right to Seek a Workplace Violence Restraining Order for Employees

The Fourth District holds that an employer's statutory right to seek a workplace violence restraining order on behalf of its employees cannot be signed away in a separation agreement, and strikes as a First Amendment violation a provision barring an elected board member from discussing the restraining order at public meetings.

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

In re Melson — Murder Conviction Vacated After Prosecution Failed to Correct False Eyewitness Testimony and Defense Counsel Did Not Review Police Interview Transcripts

The Second District Court of Appeal grants habeas corpus and vacates a second-degree murder conviction after finding the prosecution allowed false eyewitness testimony to stand uncorrected — and defense counsel failed to cross-examine the witnesses with their own prior contradictory police statements — in a gang-related retrial.

Ninth Circuit Court of Appeals, Administrative Law, Constitutional Law, Environmental Law

Rinnai America Corp. v. South Coast Air Quality Management District — Federal Energy Law Does Not Block California’s Zero-Emission Appliance Rules

The Ninth Circuit ruled 2-1 that the federal Energy Policy and Conservation Act (EPCA) does not preempt SCAQMD's Rule 1146.2, which phases out gas-fired water heaters and boilers across Southern California to achieve compliance with federal ozone standards — dealing a major setback to appliance manufacturers challenging the ban.

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

People v. DePape — California Double Jeopardy Bars Three State Charges After Federal Conviction in Paul Pelosi Attack

The First District affirms dismissal of three state charges against David DePape — including attempted murder — under California's statutory double jeopardy protection, holding that mental-state elements cannot save a state charge when the required physical act was already proved in a prior federal conviction.

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

In re I.H. — Mistaken Identity Arrest Upheld; Firearm Discovered Incident to Resisting-Arrest Charge Is Admissible

The Fourth District holds that officers who reasonably but mistakenly identified a juvenile as a murder-warrant fugitive had probable cause to arrest him, and that after realizing the mistake they lawfully searched him incident to a resisting-arrest charge, making the discovered firearm admissible.

Ninth Circuit Court of Appeals, Constitutional Law, Labor & Employment Law

Brown v. Alaska Airlines — Airline’s Firing of Flight Attendants Over Equality Act Posts Must Go to Jury as Religious Discrimination

The Ninth Circuit reverses summary judgment for Alaska Airlines and the AFA flight attendants' union, holding that two Christian flight attendants fired after posting about the Equality Act raised genuine disputes of material fact on Title VII religious discrimination, and that the Railway Labor Act does not preempt their Oregon and Washington state anti-discrimination claims against the union.

2nd District Court of Appeal, Constitutional Law, Litigation, Tax (non-estate)

Nguyen v. City of Los Angeles — SoCalGas Franchise Fee and Customer Surcharge Are Not a Tax Under Proposition 26

The Second Appellate District affirmed summary judgment for the City of Los Angeles, holding that the 5.5% SoCalGas franchise fee — including a 3.5% surcharge billed to customers — is a charge for use of City streets exempt from Proposition 26's voter-approval requirement, and that no independent reasonableness showing is required under the exemption.

Ninth Circuit Court of Appeals, Constitutional Law, Labor & Employment Law

Union Gospel Mission of Yakima Washington v. Brown — Ninth Circuit to Reconsider En Banc Whether Religious Employers Can Require Staff to Share Their Faith

The full Ninth Circuit has agreed to rehear en banc a case about whether states can force religious nonprofits to hire employees who don't share their faith, vacating a panel opinion that had protected a Christian shelter's faith-based hiring practices.

Ninth Circuit Court of Appeals, Administrative Law, Constitutional Law, Labor & Employment Law

American Federation of Government Employees v. Trump — Ninth Circuit Vacates Injunction Against Executive Order Stripping Federal Agency Unions of Collective Bargaining Rights

The Ninth Circuit vacated a district court injunction that had blocked President Trump's Executive Order 14,251 — which stripped roughly 800,000 federal employees across multiple agencies of collective bargaining rights on national security grounds — holding that the unions failed to show a likelihood of success on their First Amendment retaliation claim.

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

People v. Hayes — SWAT Coercion to Exit Home Is an In-Home Arrest, but a Valid Warrant Saves the Search

When a SWAT team uses gas, drones, and robots to flush a suspect from his apartment, the resulting arrest is treated as an in-home arrest — but California's First District upheld the conviction anyway because the underlying warrant affidavit, even with false statements excised, still established probable cause.

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

People v. Konther — DNA Abandoned at a Crime Scene Carries No Fourth Amendment Privacy Protection, Even for Genetic Genealogy Analysis

In the first California published decision on investigative genetic genealogy, the Fourth District held that a rapist has no reasonable expectation of privacy in semen left at a crime scene — and that law enforcement's use of that DNA for genealogical database searches to identify him did not constitute a Fourth Amendment search.

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law, Litigation

Ciria v. Gerrans — Ninth Circuit Denies Qualified Immunity to SFPD Inspectors Who Allegedly Fabricated Evidence Leading to 32-Year Wrongful Imprisonment

The Ninth Circuit denies qualified immunity to two former SFPD inspectors accused of fabricating evidence that led to Joaquin Ciria's 32-year wrongful imprisonment, holding that the right not to be charged based on deliberately fabricated evidence was clearly established by 1990.

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

Hiller v. Marin Municipal Water District — Ratepayer’s Proposition 218 Challenge Barred by Validation Statutes After Failure to Respond to District’s Validation Action

First District holds that a ratepayer’s Proposition 218 challenge to water rates is permanently barred after she failed to participate in the water district’s validation action within the 120-day window set by Government Code section 53759.

Ninth Circuit Court of Appeals, Civil Procedure, Constitutional Law, Criminal Law

United States v. $1,106,775 in U.S. Currency — Ninth Circuit En Banc Limits Government’s Power to End Civil Forfeiture Cases Through Discovery Sanctions

The Ninth Circuit, sitting en banc, reverses a district court that ended a $1.1 million civil forfeiture case as a discovery sanction, holding that the claimant established standing and gave the government enough information to investigate his ownership claim.

California Supreme Court, Constitutional Law, Criminal Law, Litigation

People v. Barrera — Death sentence affirmed for torture-murder of two young children, with key rulings on expert hearsay and lesser-included-offense instructions

The California Supreme Court unanimously affirmed the death sentence of a Los Angeles father convicted of the torture-murders of two young children, holding that months of deliberate beatings, starvation, and medical neglect provided sufficient evidence of premeditated torturous intent, and that confrontation clause error in admitting a non-testifying expert's hearsay was harmless in light of the overwhelming independent evidence of abuse.

California Supreme Court, Constitutional Law, Criminal Law, Litigation

People v. Chhuon and Pan — Defense Counsel’s Guilty Concession Over Client’s Objection Requires Full Reversal in Capital Case

The California Supreme Court reverses a death-row defendant's convictions entirely because his attorney conceded guilt over the client's explicit objection — a structural constitutional error requiring automatic reversal — while affirming the co-defendant's death sentence and vacating both defendants' gang enhancements under California's reformed gang statute.

California Supreme Court, Constitutional Law, Criminal Law, Litigation

People v. Demolle — California Supreme Court Affirms Death Sentence in 1999 Child Murder; Clarifies Fourth Amendment Detention Rules and Victim Impact Testimony Scope

The California Supreme Court affirms a death sentence for the 1999 rape-murder of an Oakland 11-year-old, holding that a suspect who voluntarily accompanies police to the station and is briefly placed in a lockable interview room has not been seized under the Fourth Amendment — and clarifying when victim impact testimony from a teacher may be admitted at a capital penalty phase.

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