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Opinion

Jul 5, 2017

Free exercise of religion

The Department’s policy violated the rights of Trinity Lutheran under the Free Exercise Clause of the First Amendment by denying the Church an otherwise available public benefit on account of its religious status.

Jul 5, 2017

Mixed case on jurisdictional grounds

The proper review forum when the MSPB dismisses a mixed case on jurisdictional grounds is district court.

Jul 5, 2017

Analysis of property

The State Court of Appeals was correct to analyze petitioners’ property as a single unit in assessing the effect of the challenged governmental action.

Jul 5, 2017

Ineffective Assistance of Counsel

Lee has demonstrated that he was prejudiced by his counsel’s erroneous advice.

Jul 5, 2017

False statement under oath in naturalization proceeding

The text of §1425(a) makes clear that, to secure a conviction, the Government must establish that the defendant’s illegal act played a role in her acquisition of citizenship.

Jul 5, 2017

Withheld Evidence

The withheld evidence is not material under Brady.

Jul 5, 2017

Sixth Amendment Violation, Ineffective Assistance of Counsel

In the context of a public-trial violation during jury selection, where the error is neither preserved nor raised on direct review but is raised later via an ineffective-assistance-of-counsel claim, the defendant must demonstrate prejudice to secure a new trial.

Jun 23, 2017

Weekly Case Digests — June 19 to June 23, 2017

Weekly Case Digests — June 19 to June 23, 2017

Jun 21, 2017

Jurisdiction

California courts lack specific jurisdiction to entertain the nonresidents’ claims.

Jun 21, 2017

1st Amendment – Disparagement Clause – Government Speech

Simon Tam, lead singer of the rock group “The Slants,” chose this moniker in order to “reclaim” the term and drain its denigrating force as a derogatory term for Asian persons.

Jun 21, 2017

Expert Examination

Ake clearly established that when certain threshold criteria are met, the state must provide a defendant with access to a mental health expert who is sufficiently available to the defense and independent from the prosecution to effectively “conduct an appropriate examination and assist in evaluation, preparation, and presentation of the defense.”

Jun 21, 2017

Bivens – 5th Amendment Violation

In the immediate aftermath of the September 11 terrorist attacks, the Federal Government ordered hundreds of illegal aliens to be taken into custody and held pending a determination whether a particular detainee had connections to terrorism.

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