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Gang evidence “almost always prejudicial.” Gilmore v. Lockard, 936 F.3d 857, 859 (9th Cir. 2019) In Gilmore v. Lockard, 936 F.3d 857, 859 (9th Cir. 2019), the Ninth Circuit reversed a defense verdict in favor of prison officials who, a prisoner alleged, used excessive force against him and then delayed his access to medical care. […]

Discrimination in the jury selection process is an ongoing reality within the American criminal justice system, but measures have been taken for over a century to address the issue at both the national and state levels. The Fourteenth and Fifteenth Amendments were ratified in 1868 and 1870, respectively, guaranteeing Black men the right to vote […]

Even though Korematsu v. United States, 323 U.S. 214 (1944)-which condoned the forced relocation of all persons of Japanese ancestry in certain West coast zones during World War II pursuant to Executive Order 9066-was broadly criticized for decades within the legal profession and by American society at large, it was not expressly overruled by the […]

Taylor v. Cty. of Pima,2019 U.S. App. LEXIS 1545 (9th Cir., January 17, 2019) This case addresses the scenario where a defendant was pretty obviously wrongfully convicted, but then cuts a time-served deal to get out of custody. Can he still seek civil justice? Not to spoil the ending, but the dissenting opinion opens with […]

Sandoval v. Cty. of Sonoma, 2018 U.S. App. LEXIS 36147 (9th Cir. Dec. 21, 2018) California Vehicle Code § 14602.6(a)(1) provides that a peace officer may impound a vehicle for 30 days if the vehicle’s driver has never been issued a driver’s license. Local law-enforcement officials carried out this job enthusiastically, even for persons with […]

Whalen v. McMullen, 2018 U.S. App. LEXIS 30686 (9th Cir., October 30, 2018). “And in the city it’s a pity ’cause we just can’t hide / Tinted windows don’t mean nothin’, they know who’s inside.” Run-D.M.C., It’s Tricky, Raising Hell (Profile, 1986). A state fraud investigator wanted to see if a social-security claimant was telling […]

In a twist more closely resembling a Hollywood movie than reality, the San Francisco Police Department recently stood on the brink of employing bomb-toting robots authorized to deploy lethal force on members of the community. In late November 2022, the San Francisco Board of Supervisors voted 8 to 3 in favor of a such a […]

IRS Agent Audits Potty, Violates Fourth Amendment Ioane v. Hodges, 2018 U.S. App. LEXIS 25569 (9th Cir. Sep. 10, 2018) Okay, I made up the phrase “potty audit,” but here’s what happened. IRS agents lawfully executed a search warrant in the presence of the homeowners. Or rather, they were executing it lawfully–until the homeowners needed […]

In re Maguire, 57 Cal. 604 (1881). People v. Jemnez, 49 Cal. App. 2d Supp. 739 (1942).Sail’er Inn, Inc. v. Kirby, 5 Cal.3d 1 (1971). In 1880, San Francisco passed a law prohibiting women from working in any “dance-cellar, bar-room, or in any place where… liquors are used or sold.” The belief was that “such […]

Peck v. Montoya, 51 F.4th 877 (9th Cir. 2022). In October, the Ninth Circuit published an excessive force decision in Peck v. Montoya, 51 F.4th 877 (9th Cir. 2022). The decision is important for Justice Warriors to understand because it, unfortunately, narrows who can sue and be sued for constitutional injuries. The case arises from […]