Justia Constitutional Law Opinion Summaries

Prison inmate Alex Marti petitioned for habeas relief from the warden of Mule Creek State Prison’s decision adjudicating him guilty of a prison disciplinary violation for possession of excess property on May 5, 2019. This was adjudged to be an administrative violation rather than a serious rules violation. Among other claims, petitioner claimed his rights under prison regulations were violated because the officer who adjudicated the violation had prior knowledge and involvement in a related matter that was considered as evidence at petitioner’s disciplinary hearing. The Warden argued this case was moot because petitioner suffered the punitive consequences of the decision, and any future impact on him was speculative. The Court of Appeal concluded the matter was not moot as this court could afford petitioner meaningful relief. If the Court did not intervene, the violation would remain in petitioner’s file and could be considered by prison officials in making decisions relating to petitioner. The Court further found petitioner’s argument was well taken that the hearing officer should have been recused from acting in that capacity. Petitioner was entitled to have the officer’s disciplinary finding vacated. View "In re Marti" on Justia Law

Defendant Gregory Lee Wise texted and called a woman, R.F., hundreds of times for three years after they had gone on two dates despite her continued demands for him to stop. During this period, defendant stored hundreds of pictures of R.F. on his computer taken from the internet and used in a sexual manner. Defendant was arrested after a light rail rider called 911 reporting defendant had a gun in his pocket on the train. Officers found on defendant a map to R.F.’s house and a document titled “Plan Trackering [sic]” that discussed placing a tracking device on a vehicle. Defendant also had a document with R.F.’s license plate number and a description of her vehicle. Police officers later searched defendant’s home and electronic storage devices. R.F.’s name appeared over 2,000 times in one device, along with hundreds of photos of her and other women. Officers also found in defendant’s home several weapons and containers of ammunition. Police later determined defendant had on three separate occasions stolen some of the ammunition found at his house from two sporting goods stores. Defendant was charged with and convicted of stalking, unlawfully manufacturing an assault weapon, nine counts of possession of an assault weapon, felony commercial burglary, felony grand theft of property, and petty theft. On appeal, defendant challenged the admission of certain photographs, and that the trial court improperly failed to provide a lesser included offense jury instruction for the unlawfully manufacturing an assault weapon charge. Finding no reversible error, the Court of Appeal affirmed defendant's convictions. View "California v. Wise" on Justia Law

The Department filed suit against M&N, alleging numerous causes of action stemming from defendants' operation of a business that purchased retail installment sales contracts from used car dealerships where defendants used a formula that considered the gender of the car purchaser in deciding how much to pay for the contracts. The trial court entered judgment in favor of the Department on the first and second causes of action, which alleged violations of the Unruh Civil Rights Act (Civ. Code, 51) and Civil Code section 51.5, and assessed over $6 million in statutory damages pursuant to Civil Code section 52, subdivision (a). The trial court dismissed the fifth, sixth, and seventh causes of action, which alleged violations of Government Code section 12940, subdivisions (i) and (k) of the Fair Employment and Housing Act (FEHA).In the published portion of the opinion, the Court of Appeal held that the trial court erred in dismissing the fifth cause of action and otherwise affirmed the trial court's judgment. In the fifth cause of action, the Department alleged that M&N "knowingly compelled and coerced its employees to engage in practices that violated" FEHA and Civil Code sections 51 and 51.5, in violation of section 12940, subdivision (i). The court held that employees who are coerced by their employer to violate Civil Code sections 51 and 51.5 are "aggrieved" within the meaning of section 12965, subdivision (a) and have standing to sue their employer pursuant to section 12940, subdivision (i). Therefore, the employees of M&N who were coerced by M&N into violating Civil Code sections 51 and 51.5 could be individually liable for sex discrimination. The court explained that these employees would necessarily be "aggrieved" by their employer's unlawful employment practice as their personal interests would be affected by their employer's misconduct. Therefore, the Department was authorized to file a civil action on behalf of these employees and the trial court erred by dismissing the fifth cause of action. View "Department of Fair Employment and Housing v. M&N Financing Corp." on Justia Law

Isaac Zafft was fatally shot when a marijuana greenhouse in which he was sleeping was being robbed. In 2014, Nathan Philbrook and Daniel Devencenzi stole marijuana from multiple marijuana farms and greenhouses Philbrook’s wife, Amber N., helped locate on Google Earth. In July, Philbrook invited defendant Finley Fultz to a marijuana theft with him and Devencenzi. Philbrook and defendant drove to California from Nevada in defendant’s truck and Devencenzi followed in his truck. Philbrook entered the greenhouse’s back door, while Devencenzi stayed outside the back door and, according to Philbrook, defendant walked to the front of the greenhouse. Zafft awoke to the sound of Philbrook’s presence and saw the laser sight attached to Philbrook’s AR-15 style handgun. Zafft ran out the front door of the greenhouse where defendant was located. Defendant shot five times, hitting Zafft. The group fled back to Nevada. Upon their return to Nevada, defendant admitted to Amber he delivered the fatal shots, and Philbrook made statements inculpating defendant as the shooter. During the pendency of defendant’s, Devencenzi’s, and Philbrook’s joint criminal prosecution, Devencenzi and Philbrook pled guilty in exchange for reduced sentences. The prosecution failed to inform defendant that those bargains were offered as package deals, contingent on both Devencenzi and Philbrook accepting the plea bargains and fulfilling the bargains’ terms for either to benefit. The prosecution also failed to inform defendant the offers were contingent upon Philbrook and Devencenzi including in a written factual statement that they and defendant participated in a robbery and defendant killed Zafft. When making those bargains, Devencenzi and Philbrook agreed to be interviewed by the prosecution, which the prosecution failed to audio record. Finally, the prosecution continued its investigation of the case against defendant during trial and did not disclose material it intended to use against him until shortly before it was to be offered into evidence. Based on the government’s conduct throughout the investigation and trial, the trial court made several credibility findings rejecting the prosecution’s innocent explanations for the constitutional violations. The trial court then dismissed the case against defendant finding there was no possibility he could receive a fair trial considering the nature of the evidence against him and the violations surrounding his accomplices’ pleas and interviews. The Court of Appeal concluded the trial court's finding was made in error: because the record demonstrated the trial court believed a fair trial could be had in the absence of the "Medina" error, it was appropriate to reverse the judgment and remand the matter to the trial court to "again tailor relief to neutralize the taint resulting from the prosecutor’s other misconduct." View "California v. Fultz" on Justia Law

In 2013, Steven Ray Eynon pled guilty to premeditated first degree murder and admitted that the murder was committed during a robbery. The information alleged that a codefendant was the actual killer. In 2019, Eynon petitioned to vacate his murder conviction under Penal Code section 1170.95. The trial court denied the petition without issuing an order to show cause. On appeal, the State argued that Eynon was ineligible for relief because he “admitted he acted with a premeditated and deliberate intent to kill the victim.” The Court of Appeal rejected the State's argument because it mischaracterized Eynon’s factual admissions: Eynon admitted he was guilty, on an unspecified theory, of a premeditated and deliberate murder, but he did not admit that he acted with premeditation, deliberation, or intent to kill. In so holding, the Court agreed with California v. Rivera, 62 Cal.App.5th, review granted June 9, 2021, S268405 (2021), which rejected an argument similar to the one presented here. "Nothing in Eynon’s record of conviction refutes the allegation in his section 1170.95 petition that he is eligible for relief." The Court accordingly reversed the order denying his petition, and remanded with directions to issue an order to show cause under section 1170.95(c). View "California v. Eynon" on Justia Law

In 2008, defendant Antonio Barboza was initially convicted of first degree murder with a gang special circumstance. The trial court reduced the conviction to second degree murder, struck the special circumstance, and sentenced defendant to 15 years to life plus 25 years to life for the murder and a vicarious firearm enhancement. On direct appeal, the Court of Appeal affirmed the judgment. In June 2019, defendant filed a petition for resentencing in the trial court pursuant to Penal Code section 1170.95, and received appointed counsel. The court subsequently found defendant had not set forth a prima facie case for relief because the jury’s special circumstance finding required that defendant personally harbored an intent to kill. The Court of Appeal found, however, that the court erred by using the jury’s findings as to first degree murder with the special circumstance, as the court struck those findings and entered a conviction for second degree murder at the time of sentencing. Accordingly, defendant presented a prima facie case for relief and was entitled to a hearing on his 1170.95 petition. The Court thus reverses, and directed the trial court on remand to issue the appropriate order to show cause. View "California v. Barboza" on Justia Law

Defendant Alfred Lopez-Vinck appealed after a jury convicted him of three counts of robbery and three counts of assault with a deadly weapon. Lopez-Vinck and his girlfriend and co-defendant Misty Lynn Probert were both convicted of charges arising from an incident in which Probert shoplifted various items from a Kohl’s store. After Probert exited the store and was approached by three loss prevention officers, Lopez-Vinck, got out of his vehicle, took out a knife, pointed it in the direction of the loss prevention officers, and moved toward them while aggressively yelling at them to back up. Probert walked past the loss prevention officers while still in possession of the stolen merchandise, got into Lopez-Vinck’s car, and the two drove off together. On appeal, Lopez-Vinck contended insufficient evidence supported his convictions for assault with a deadly weapon, arguing that he did not engage in any act that was likely to cause injury and he did not have the present ability to injure anyone. He also argued his convictions for assault with a deadly weapon had to be modified to convictions for the lesser offense of brandishing because, he claimed, brandishing was a more specific statute that applied to his conduct and preempted the assault statute. In addition, Lopez-Vinck contended the trial court erred, and violated his right to due process, by imposing various fines and fees without first finding that he had the ability to pay them. Finally, he asserts that the minute order and abstract of judgment must be corrected to reflect the court’s oral pronouncement with respect to striking his prison prior. The Court of Appeal concluded only that Lopez-Vinck’s final contention had merit; the case was therefore remanded for the trial court to correct the minute order and abstract of judgment to reflect that the court struck Lopez-Vinck’s prison prior. The Court also found a recent recent ameliorative amendment to the law entitled Lopez-Vinck to have vacated any portion of the fee imposed pursuant to Government Code section 29550.1. View "California v. Lopez-Vinck" on Justia Law

Defendant Amit Bharth was convicted by jury on two counts of forcible rape, assault by means of force likely to produce great bodily injury, and false imprisonment. The jury also found true the allegation that defendant personally inflicted great bodily injury. Defendant was sentenced to 23 years, 8 months in prison. The sole issue on appeal was whether the trial court erred in denying defendant's motion for a mistrial, which was based on his contention that the court permitted testimony by the victim that violated his confrontation clause rights. Finding no reversible error, the Court of Appeal affirmed defendant's convictions. View "California v. Bharth" on Justia Law

Defendant Michael Barefield appealed his convictions of corporal injury, assault with a deadly weapon, and false imprisonment, arising from his attack against a former girlfriend. He claimed the trial court erred by: (1) admitting evidence in violation of the marital testimony privilege; (2) admitting propensity evidence; (3) admitting fresh complaint evidence; (4) not staying his sentence on the false imprisonment count; and (5) using the firearm possession to impose the upper-term sentence on the assault count and a firearm enhancement. Although the trial court admitted evidence in violation of the marital privilege, the Court of Appeal found the error was harmless. Finding no other reversible error, the Court affirmed the judgment. View "California v. Barefield" on Justia Law

Plaintiff filed suit against the University, alleging a claim for retaliation, as well as age and gender discrimination. The trial court granted the University's motion for summary judgment but erroneously excluded evidence that a University employee rejected a job candidate because she "wanted someone younger."The Court of Appeal reversed the trial court's grant of summary judgment for the University and concluded that the trial court erroneously excluded evidence. The court stated that Reid v. Google, Inc., (2010) 50 Cal.4th 512, 535–545, explained that such remarks can be relevant in age discrimination suits. The court examined the record as a whole to see if the previous comment changes the propriety of summary judgment under governing law. Applying the three-part burden-shifting Bechtel test, the court concluded that summary judgment was inappropriate in this case where three factors show that the remark changed the pretext analysis: first, the remark evidence is relatively strong; second, the dean created a pay differential between male and female Associate Deans hired concurrently; and sources unrelated to plaintiff criticized the Dean's management. Accordingly, the court remanded for further proceedings. View "Jorgensen v. Loyola Marymount University" on Justia Law