Constitutional Law

Ninth Circuit Court of Appeals, Civil Procedure, Constitutional Law, Personal Injury & Tort

Rios v. City of Azusa — Evidence Dispute Could Not Support Immediate Qualified-Immunity Appeal

automatic / August 20, 2026

The Ninth Circuit dismissed an immediate qualified-immunity appeal because the officers’ challenge concerned evidentiary sufficiency rather than a reviewable legal issue.

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

M.W. v. Superior Court — Amnesia Alone Does Not Establish Juvenile Incompetence

automatic / August 18, 2026

The First District held that a juvenile's amnesia did not establish incompetence where he otherwise understood the proceedings and could assist counsel.

California Supreme Court, Constitutional Law, Criminal Law

People v. Lightsey — A Competency Hearing Could Not Reliably Reconstruct a Trial From 19 Years Earlier

automatic / August 17, 2026

The California Supreme Court reversed a reinstated capital judgment because a hearing held 19 years later could not reliably determine the defendant's competency at trial.

California Supreme Court, Constitutional Law, Criminal Law

People v. Pearson — California Supreme Court Affirms Death Judgment After Penalty Retrial

automatic / August 17, 2026

The California Supreme Court affirmed Kevin Pearson's death judgment and held that any Senate Bill 1437 error was harmless given the jury's valid findings and his conduct.

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

In re C.M. — Probation Officers Cannot Impose Juvenile Electronic Monitoring Without Court Review

automatic / August 14, 2026

A published California decision holds that probation officers cannot impose juvenile electronic monitoring without judicial review and clear standards.

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

QueerDoc, PLLC v. DOJ — Policy Opposition Alone Does Not Show a Healthcare Subpoena Was Issued in Bad Faith

automatic / August 14, 2026

The Ninth Circuit held that political opposition to gender-affirming care alone did not prove DOJ issued an otherwise authorized healthcare subpoena in bad faith.

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

Brown v. Broomfield — Ninth Circuit Upholds California Death Sentence Under Deferential Habeas Review

automatic / August 14, 2026

The Ninth Circuit upheld a California death sentence, finding the state court reasonably rejected claims involving counsel, competency, and intellectual disability.

California Supreme Court, Constitutional Law, Criminal Law

People v. Shove — Supreme Court Affirms Capital Convictions and Death Judgment

automatic / August 13, 2026

The California Supreme Court affirmed the judgment in full. The majority concluded that the trial court did not commit reversible error in jury selection or the conduct of either phase and that the evidence supported the convictions, special circumstances, and penalty determination.

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

Nilsen v. University of Washington — Ninth Circuit Refines Arm-of-State Immunity Test

automatic / August 13, 2026

The panel affirmed. Its three factors remain: whether state law created a legally independent entity, whether the state is formally liable for the entity’s debts and judgments, and how much control the state exercises. The Supreme Court’s clarification makes the first factor most important and the control factor least important.

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

People v. Maldonado — Exclusion from competency hearing was harmless where presence would not aid fairness

automatic / August 11, 2026

A defendant's absence from a pretrial competency hearing did not require reversal because his presence would not have contributed to the hearing's fairness.

California Supreme Court, Civil Procedure, Constitutional Law, Family Law

Family Violence Appellate Project v. Superior Court — Indigent litigants must receive a verbatim record in every case

automatic / August 10, 2026

When no court reporter is available, California trial courts must electronically record proceedings so indigent litigants can obtain an official verbatim record in every type of case.

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

People v. McAlister — Prior Upper Term May Be Reimposed in Prison-Prior Resentencing

automatic / August 7, 2026

A court conducting prison-prior resentencing may reimpose an upper term that was part of the original sentence without a new jury finding.

Ninth Circuit Court of Appeals, Administrative Law, Constitutional Law

Przybocki v. USDA — Consumers and Food Sellers Can Pursue First Amendment Challenges to FODMAP Label Restrictions

automatic / August 3, 2026

The Ninth Circuit found standing for consumers and food sellers challenging federal restrictions on FODMAP label information.

1st District Court of Appeal, Civil Procedure, Constitutional Law, Healthcare Law

Conservatorship of C.O. — Counsel may communicate conservatee’s jury-trial waiver

automatic / August 3, 2026

An LPS conservatee may knowingly waive a jury trial through counsel, although the trial court should personally advise the conservatee of that right.

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law

United States v. Ridley-Thomas — Ninth Circuit affirms Los Angeles bribery convictions

automatic / August 3, 2026

The Ninth Circuit upheld Mark Ridley-Thomas’s bribery and honest-services convictions based on an indirect $100,000 benefit for his son.

California Supreme Court, Civil Procedure, Constitutional Law, Criminal Law

People v. Sanmiguel — Courts must scrutinize demeanor-based reasons for juror strikes

automatic / July 30, 2026

California’s high court clarified how judges must evaluate demeanor-based explanations for peremptory juror strikes under section 231.7.

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

Thompson v. Superior Court — Mental-health diversion may include rehabilitative search conditions

automatic / July 30, 2026

Trial courts may impose reasonable, rehabilitation-focused conditions when granting pretrial mental-health diversion.

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

Rodriguez Vazquez v. Bostock — Interior Immigration Arrests Do Not Trigger Mandatory Detention

automatic / July 30, 2026

The Ninth Circuit held that noncitizens arrested in the interior after entering without inspection are not automatically subject to mandatory detention and may seek bond consideration.

2nd District Court of Appeal, Business Transactions, Constitutional Law, Litigation

Arterberry v. Peet’s Coffee — Yelp Law Penalties Require Enforcement or Retaliation

automatic / July 29, 2026

California consumers cannot recover Yelp-law penalties merely because unlawful non-disparagement language appears in website terms; they must allege enforcement, a threat, or retaliation.

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

Ehrenreich v. Weber — California’s presidential write-in elector requirements are facially constitutional

automatic / July 28, 2026

California may require presidential write-in candidates to file a complete slate of elector declarations before votes cast for them will be counted.

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

People v. Carrillo — gang expert’s race-related testimony did not violate the Racial Justice Act

automatic / July 28, 2026

Race-related gang testimony tied to the evidence did not itself violate the Racial Justice Act, though counsel must timely preserve an RJA claim.

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

People v. Vasquez — Sealed Informant Affidavit and Pre-Search Detention Did Not Require Suppression

automatic / July 27, 2026

The Court of Appeal upheld a firearm search because sealed review supported the warrant and the evidence derived independently from any disputed pre-search detention.

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law

United States v. Anten — Federal Threat Statute Requires Objective Threat and Subjective Fault

automatic / July 27, 2026

The Ninth Circuit held that the federal interstate-threat statute requires both an objectively threatening communication and a culpable subjective mental state.

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

Weiss v. Permanente Medical Group, Inc. — Religious-Objection Notice Was Sufficient at the Pleading Stage

automatic / July 24, 2026

The Ninth Circuit revived a medical employee's religious-accommodation claims, holding that her allegations plausibly gave the employer notice of a conflict between her faith and its COVID-19 vaccination policy.

1st District Court of Appeal, Administrative Law, Constitutional Law, Litigation

Toy v. City and County of San Francisco — Water-Rate Challenges Must Follow California’s Validation Procedure

automatic / July 24, 2026

A challenge to San Francisco water rates failed because California's mandatory reverse-validation procedure could not be waived by the city or replaced with refund and declaratory-relief claims.