Special Relationships and the Duty to Warn
A government agent does not have a duty to warn a prospective victim of the dangerous propensities of a particular person absent a “special relationship” between the agents and the victim.
Forfeiture and Coerced Confessions
An issue not objected to in the trial court is not necessarily forfeited, at least where the issue involves pure questions of law on undisputed facts. A confession coerced by a threat to arrest a close relative is a violation of the Due Process…
Possession of a Controlled Substance While Armed and the Second Amendment Right to Bear Arms
Health and Safety Code § 11370.1, making it illegal for a person in possession of a controlled substance to also be in possession of a loaded, operable firearm, does not violate the Second Amendment right to bear arms.
Forfeiting a Miranda Issue by Not Objecting: The Wearing of Facemasks and the Right to Confrontation.
If not objected to at trial, argument about a possible Miranda violation is forfeited on appeal: Witnesses at trial being required to wear facemasks during a pandemic does not violate the Sixth Amendment right to confrontation.
Medicinal Marijuana and the Due Process Clause
There is no “substantive right,” under federal law, to use marijuana for medicinal purposes. The use of marijuana for medicinal purposes, being contrary to a prior Ninth Circuit case decision and not a “substantive right,” remains illegal under…