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37 California opinions name it 3 courts 1958–2026 10 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Darren David Chaker v. Alan Crogan San Diego Probation Department People of the State of Californiagreen2 sentences2026A. V., at p. 388; see Chaker, supra, 428 F.3d at p. 1224 [“The leading case establishing the First Amendment’s application to proscribable classes of speech is R. 2026A. V., at p. 388; see Chaker, supra, 428 F.3d at p. 1224 [“The leading case establishing the First Amendment’s application to proscribable classes of speech is R. | 2 | 2 |
People v. Jensengreen2 sentences2021Violation of Penal Code section 118 requires an additional element not necessary to violation of Vehicle Code section 20 and therefore Williamson does not apply.” (People v. Barrowclough (1974) 39 Cal.App.3d 50, 55 (Barrowclough).) Five years later, Division Three of this District went so far as to characterize a renewal of the argument as “frivolous.” (People v. Jensen (1979) 94 Cal.App.3d 451, 454 (Jensen).) Defendant characterizes Barrowclough as “unsound.” Our Supreme Court did subsequently conclude that the Barrowclough elements 34 formulation was too narrow, when it added the alternate s 2021Violation of Penal Code section 118 requires an additional element not necessary to violation of Vehicle Code section 20 and therefore Williamson does not apply.” (People v. Barrowclough (1974) 39 Cal.App.3d 50, 55 (Barrowclough).) Five years later, Division Three of this District went so far as to characterize a renewal of the argument as “frivolous.” (People v. Jensen (1979) 94 Cal.App.3d 451, 454 (Jensen).) Defendant characterizes Barrowclough as “unsound.” Our Supreme Court did subsequently conclude that the Barrowclough elements 34 formulation was too narrow, when it added the alternate s | 2 | 2 |
People v. Barrowcloughgreen2 sentences2021Violation of Penal Code section 118 requires an additional element not necessary to violation of Vehicle Code section 20 and therefore Williamson does not apply.” (People v. Barrowclough (1974) 39 Cal.App.3d 50, 55 (Barrowclough).) Five years later, Division Three of this District went so far as to characterize a renewal of the argument as “frivolous.” (People v. Jensen (1979) 94 Cal.App.3d 451, 454 (Jensen).) Defendant characterizes Barrowclough as “unsound.” Our Supreme Court did subsequently conclude that the Barrowclough elements 34 formulation was too narrow, when it added the alternate s 2021Violation of Penal Code section 118 requires an additional element not necessary to violation of Vehicle Code section 20 and therefore Williamson does not apply.” (People v. Barrowclough (1974) 39 Cal.App.3d 50, 55 (Barrowclough).) Five years later, Division Three of this District went so far as to characterize a renewal of the argument as “frivolous.” (People v. Jensen (1979) 94 Cal.App.3d 451, 454 (Jensen).) Defendant characterizes Barrowclough as “unsound.” Our Supreme Court did subsequently conclude that the Barrowclough elements 34 formulation was too narrow, when it added the alternate s | 2 | 2 |
Bader v. Andersongreen2 sentences2017Thus, where the challenged conduct did not arise from board action, the court applies the alternate test from Rales , which "inquires 'whether the board that would be addressing the demand can impartially consider its merits without being influenced by improper considerations.' " ( Bader , supra , 179 Cal.App.4th at p. 791 , 101 Cal.Rptr.3d 821 , quoting Rales , supra , 634 A.2d at p. 934 .) That test asks whether the allegations " 'create a reasonable doubt that, as of the time the complaint is filed, the board of directors could have properly exercised its independent and disinterested busin 2017Thus, where the challenged conduct did not arise from board action, the court applies the alternate test from Rales , which "inquires 'whether the board that would be addressing the demand can impartially consider its merits without being influenced by improper considerations.' " ( Bader , supra , 179 Cal.App.4th at p. 791 , 101 Cal.Rptr.3d 821 , quoting Rales , supra , 634 A.2d at p. 934 .) That test asks whether the allegations " 'create a reasonable doubt that, as of the time the complaint is filed, the board of directors could have properly exercised its independent and disinterested busin | 1 | 2 |
Alexander v. Superior Courtgreen2 sentences2015If the alternate defense counsel is unable to represent a defendant because of a conflict of interest, private counsel is assigned.” (Alexander v. Superior Court (1994) 22 Cal.App.4th 901, 910 .) “The court may depart from this specific order of appointing counsel for an indigent defendant, however, ‘[i]n the interest of justice.’ (§ 987.2, subd. (d).) In such a case, the 14 court must make ‘a finding of good cause and stat[e] the reasons therefor on the record.’ (Ibid.)” (People v. Cole (2004) 33 Cal.4th 1158, 1184 (Cole).) “On appeal, a trial court’s orders concerning the appointment of coun 2004If the alternate defense counsel is unable to represent a defendant because of a conflict of interest, private counsel is assigned.” (Alexander v. Superior Court (1994) 22 Cal.App.4th 901, 910 [ 27 Cal.Rptr.2d 732 ]; see also § 987.2, subd. (d).) The court may depart from this specific order of appointing counsel for an indigent defendant, however, “[i]n the interest of justice.” (§ 987.2, subd. (d).) In such a case, the court must make “a finding of good cause and stat[e] the reasons therefor on the record.” (Ibid.) On appeal, a trial court’s orders concerning the appointment of counsel for a | 1 | 2 |
Harris v. Superior Courtgreen2 sentences2015If the alternate defense counsel is unable to represent a defendant because of a conflict of interest, private counsel is assigned.” (Alexander v. Superior Court (1994) 22 Cal.App.4th 901, 910 .) “The court may depart from this specific order of appointing counsel for an indigent defendant, however, ‘[i]n the interest of justice.’ (§ 987.2, subd. (d).) In such a case, the 14 court must make ‘a finding of good cause and stat[e] the reasons therefor on the record.’ (Ibid.)” (People v. Cole (2004) 33 Cal.4th 1158, 1184 (Cole).) “On appeal, a trial court’s orders concerning the appointment of coun 2015If the alternate defense counsel is unable to represent a defendant because of a conflict of interest, private counsel is assigned.” (Alexander v. Superior Court (1994) 22 Cal.App.4th 901, 910 .) “The court may depart from this specific order of appointing counsel for an indigent defendant, however, ‘[i]n the interest of justice.’ (§ 987.2, subd. (d).) In such a case, the 14 court must make ‘a finding of good cause and stat[e] the reasons therefor on the record.’ (Ibid.)” (People v. Cole (2004) 33 Cal.4th 1158, 1184 (Cole).) “On appeal, a trial court’s orders concerning the appointment of coun | 1 | 2 |
People v. Whitegreen1 sentence2022(See People v. White (2017) 2 Cal.5th 349, 351 [defendant could be convicted of both rape of an intoxicated person and rape of an unconscious person]; People v. Gonzalez (2014) 60 Cal.4th 533, 535 [defendant could be convicted of both oral copulation of an intoxicated person and oral copulation of an unconscious person].) 23 actual crime and the victim died at the hospital without ever regaining consciousness. | 1 | 1 |
People v. Gonzalezgreen1 sentence2022(See People v. White (2017) 2 Cal.5th 349, 351 [defendant could be convicted of both rape of an intoxicated person and rape of an unconscious person]; People v. Gonzalez (2014) 60 Cal.4th 533, 535 [defendant could be convicted of both oral copulation of an intoxicated person and oral copulation of an unconscious person].) 23 actual crime and the victim died at the hospital without ever regaining consciousness. | 1 | 1 |
People v. Colegreen2 sentences2015If the alternate defense counsel is unable to represent a defendant because of a conflict of interest, private counsel is assigned.” (Alexander v. Superior Court (1994) 22 Cal.App.4th 901, 910 .) “The court may depart from this specific order of appointing counsel for an indigent defendant, however, ‘[i]n the interest of justice.’ (§ 987.2, subd. (d).) In such a case, the 14 court must make ‘a finding of good cause and stat[e] the reasons therefor on the record.’ (Ibid.)” (People v. Cole (2004) 33 Cal.4th 1158, 1184 (Cole).) “On appeal, a trial court’s orders concerning the appointment of coun 2015If the alternate defense counsel is unable to represent a defendant because of a conflict of interest, private counsel is assigned.” (Alexander v. Superior Court (1994) 22 Cal.App.4th 901, 910 .) “The court may depart from this specific order of appointing counsel for an indigent defendant, however, ‘[i]n the interest of justice.’ (§ 987.2, subd. (d).) In such a case, the 14 court must make ‘a finding of good cause and stat[e] the reasons therefor on the record.’ (Ibid.)” (People v. Cole (2004) 33 Cal.4th 1158, 1184 (Cole).) “On appeal, a trial court’s orders concerning the appointment of coun | 1 | 1 |
People v. Lancastergreen1 sentence2015Harris, however, involved very “specific and unusual facts.” (People v. Lancaster (2007) 41 Cal.4th 50, 70, fn. 5 .) In Harris, defendants, members of the so-called Symbionese Liberation Army (SLA), were charged with aggravated kidnapping, robbery, assault with a deadly weapon and false imprisonment. | 1 | 1 |
Wheat v. United Statesgreen2 sentences2015If the alternate defense counsel is unable to represent a defendant because of a conflict of interest, private counsel is assigned.” (Alexander v. Superior Court (1994) 22 Cal.App.4th 901, 910 .) “The court may depart from this specific order of appointing counsel for an indigent defendant, however, ‘[i]n the interest of justice.’ (§ 987.2, subd. (d).) In such a case, the 14 court must make ‘a finding of good cause and stat[e] the reasons therefor on the record.’ (Ibid.)” (People v. Cole (2004) 33 Cal.4th 1158, 1184 (Cole).) “On appeal, a trial court’s orders concerning the appointment of coun 2015If the alternate defense counsel is unable to represent a defendant because of a conflict of interest, private counsel is assigned.” (Alexander v. Superior Court (1994) 22 Cal.App.4th 901, 910 .) “The court may depart from this specific order of appointing counsel for an indigent defendant, however, ‘[i]n the interest of justice.’ (§ 987.2, subd. (d).) In such a case, the 14 court must make ‘a finding of good cause and stat[e] the reasons therefor on the record.’ (Ibid.)” (People v. Cole (2004) 33 Cal.4th 1158, 1184 (Cole).) “On appeal, a trial court’s orders concerning the appointment of coun | 1 | 1 |
| Jenkins v. Popegreen | 1 | 1 |
| Zamos v. Stroudgreen | 1 | 1 |
| cluster 755658green | 1 | 1 |
| People v. Hortongreen | 1 | 1 |
| Soule v. General Motors Corp.green | 1 | 1 |
| United States v. Krasgreen | 1 | 1 |
| People v. Burnickgreen | 1 | 1 |
| People v. Marshallgreen | 1 | 1 |
| People v. Rochagreen | 1 | 1 |
| In Re La Croixgreen | 1 | 1 |
| People v. Stecconegreen | 1 | 1 |
| People v. Eggersgreen | 1 | 1 |
| People v. Southackgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Molina
green
2 sentences2021(People v. Molina (1992) 5 Cal.App.4th 221, 225-228 ; cf. Aslam v. Superior Court (2019) 41 Cal.App.5th 1029 [acquittal of violating § 115 [offering false or forged instrument for filing] does not preclude prosecution for violating Veh. 2021(People v. Molina (1992) 5 Cal.App.4th 221, 225-228 ; cf. Aslam v. Superior Court (2019) 41 Cal.App.5th 1029 [acquittal of violating § 115 [offering false or forged instrument for filing] does not preclude prosecution for violating Veh. | 2 | 2021–2021 |
People v. Murphy
green
2 sentences2021Violation of Penal Code section 118 requires an additional element not necessary to violation of Vehicle Code section 20 and therefore Williamson does not apply.” (People v. Barrowclough (1974) 39 Cal.App.3d 50, 55 (Barrowclough).) Five years later, Division Three of this District went so far as to characterize a renewal of the argument as “frivolous.” (People v. Jensen (1979) 94 Cal.App.3d 451, 454 (Jensen).) Defendant characterizes Barrowclough as “unsound.” Our Supreme Court did subsequently conclude that the Barrowclough elements 34 formulation was too narrow, when it added the alternate s 2021Violation of Penal Code section 118 requires an additional element not necessary to violation of Vehicle Code section 20 and therefore Williamson does not apply.” (People v. Barrowclough (1974) 39 Cal.App.3d 50, 55 (Barrowclough).) Five years later, Division Three of this District went so far as to characterize a renewal of the argument as “frivolous.” (People v. Jensen (1979) 94 Cal.App.3d 451, 454 (Jensen).) Defendant characterizes Barrowclough as “unsound.” Our Supreme Court did subsequently conclude that the Barrowclough elements 34 formulation was too narrow, when it added the alternate s | 2 | 2021–2021 |
Hudson v. Superior Court of Riverside County
green
2 sentences2021Nor does the alternate test aid defendant, for a violation of Vehicle Code section 20 will not necessarily or commonly result in a violation of section 118 because the oath or verification requirement, a “more culpable mental state” (Hudson v. Superior Court, supra, 7 Cal.App.5th at p. 1007 ), is still obligatory for conviction of the latter statute. 2021Nor does the alternate test aid defendant, for a violation of Vehicle Code section 20 will not necessarily or commonly result in a violation of section 118 because the oath or verification requirement, a “more culpable mental state” (Hudson v. Superior Court, supra, 7 Cal.App.5th at p. 1007 ), is still obligatory for conviction of the latter statute. | 2 | 2021–2021 |
Rales v. Blasband Ex Rel. Easco Hand Tools, Inc.
red
2 sentences2017Thus, where the challenged conduct did not arise from board action, the court applies the alternate test from Rales , which "inquires 'whether the board that would be addressing the demand can impartially consider its merits without being influenced by improper considerations.' " ( Bader , supra , 179 Cal.App.4th at p. 791 , 101 Cal.Rptr.3d 821 , quoting Rales , supra , 634 A.2d at p. 934 .) That test asks whether the allegations " 'create a reasonable doubt that, as of the time the complaint is filed, the board of directors could have properly exercised its independent and disinterested busin 2017Thus, where the challenged conduct did not arise from board action, the court applies the alternate test from Rales, which “inquires ‘whether the board that would be addressing the demand can impartially consider its merits without being influenced by improper considerations.’ ” (Bader, supra, 179 Cal.App.4th at p. 791 , quoting Rales, supra, 634 A.2d at p. 934 .) That test asks whether the allegations “ ‘create a reasonable doubt that, as of the time the complaint is filed, the board of directors could have properly exercised its independent and disinterested business judgment in responding t | 2 | 2017–2017 |
People v. Victor L.
green
1 sentence2024(People v. Crittenden (1994) 9 Cal.4th 83, 146 ; In re Victor L. (2010) 182 Cal.App.4th 902, 928 .) As it appears the errors in their totality prejudiced Brummett, we will vacate the sentence and remand for a full resentencing. | 1 | 2024–2024 |
People v. Crittenden
green
1 sentence2024(People v. Crittenden (1994) 9 Cal.4th 83, 146 ; In re Victor L. (2010) 182 Cal.App.4th 902, 928 .) As it appears the errors in their totality prejudiced Brummett, we will vacate the sentence and remand for a full resentencing. | 1 | 2024–2024 |
People v. Pearson
green
1 sentence2023The court analyzed the facts under the test set forth in People v. Pearson (2019) 38 Cal.App.5th 112 for determining whether to strike a firearm enhancement pursuant to section 12022.53, subdivision (h). | 1 | 2023–2023 |
Davidson v. City of Westminster
green
1 sentence2023For that reason, the default duty rule of Civil Code section 1714 did not apply, and the starting point for our analysis was instead the alternate rule that generally “ ‘one owes no duty to control the conduct of another, nor to warn those endangered by such conduct.’ (Davidson v. City of Westminster (1982) 32 Cal.3d 197, 203 .)” (Regents, at p. 619; see Brown, at p. 214.) Under those circumstances, we explained, the law does not impose a duty to control, warn, or protect unless there is a special relationship between the parties that “ ‘gives rise to a duty to act.’ ” (Regents, at p. 619; see | 1 | 2023–2023 |
People v. Lopez
green
1 sentence2022(See People v. Lopez (2005) 34 Cal.4th 1002 , 1009- 1010 [noting former section 186.22, subdivision (b)(3), now section 186.22, subdivision (b)(5), imposes a minimum parole eligibility term of 15 years that is “understood to apply to all lifers, except those sentenced to life without the possibility of parole”].) In the parties’ original briefing on appeal, the second issue in connection with the gang enhancement was the Attorney General’s alternate claim that a 10-year consecutive enhancement should be imposed under section 186.22, subdivision (b)(1)(C). | 1 | 2022–2022 |
People v. Clark
green
1 sentence2021(See also People v. Smith (2020) 49 Cal.App.5th 85 , review granted July 22, 2020, S262835; People v. York (2020) 54 Cal.App.5th 250 , review granted Nov. 18, 2020, S264954; People v. Law (2020) 48 Cal.App.5th 811 , review granted July 8, 2020, S262490.) In Torres, the court found special circumstance findings were not sufficient to make the petitioner ineligible for relief under section 1170.95 where the findings were made before People v. Banks (2015) 61 Cal.4th 788 and People v. Clark (2016) 63 Cal.4th 522 , because, in those cases, the California Supreme Court narrowed the meaning of the k | 1 | 2021–2021 |
People v. Gutierrez-Salazar
green
1 sentence2021(See Galvan, supra, 7 52 Cal.App.5th 1134 ; Gomez, supra, 52 Cal.App.5th 1 ; see also People v. Nunez (2020) 57 Cal.App.5th 78 , review granted Jan. 13, 2021, S265918; People v. Jones (2020) 56 Cal.App.5th 474 , 479–485, review granted Jan. 27, 2021, S265854; People v. Allison (2020) 55 Cal.App.5th 449 , 457 (Allison); People v. Murillo (2020) 54 Cal.App.5th 160 , 168–169, review granted Nov. 18, 2020, S264978 (Murillo); People v. Gutierrez-Salazar (2019) 38 Cal.App.5th 411 , 419–420.) Torkelson asks us to reject the reasoning in Galvan and Gomez, which the trial court relied on, and to instea | 1 | 2021–2021 |
People v. Banks
green
1 sentence2021(See also People v. Smith (2020) 49 Cal.App.5th 85 , review granted July 22, 2020, S262835; People v. York (2020) 54 Cal.App.5th 250 , review granted Nov. 18, 2020, S264954; People v. Law (2020) 48 Cal.App.5th 811 , review granted July 8, 2020, S262490.) In Torres, the court found special circumstance findings were not sufficient to make the petitioner ineligible for relief under section 1170.95 where the findings were made before People v. Banks (2015) 61 Cal.4th 788 and People v. Clark (2016) 63 Cal.4th 522 , because, in those cases, the California Supreme Court narrowed the meaning of the k | 1 | 2021–2021 |
People v. Hajek and Vo
green
1 sentence2015She contends the trial court was thus obligated (in the absence of an express election on the part of the prosecutor) to instruct on the need for the jury to agree unanimously on the factual basis for the enhancement. 3 The jury’s confusion when “correctly instructed” on the Beeman criteria in People v. Hajek and Vo (2014) 58 Cal.4th 1144, 1227-1228 , is equally immaterial to defendant’s argument because the case does not remotely suggest that there is any problem with the manner in which the pattern instruction states the criteria. 10 Where there are alternative factual bases for an offense, | 1 | 2015–2015 |
Strickland v. Washington
green
1 sentence2014Consequently, we must determine whether trial counsel’s performance was deficient because he failed to request such an instruction. 4 (See People v. Dennis (1998) 17 Cal.4th 468, 540-541 , citing, among other cases, Strickland v. Washington (1984) 466 U.S. 668 [ineffective assistance of counsel requires defendant to show both deficient performance and resulting prejudice].) The evidence is undisputed that defendant and Jane Doe were not married, and had been living together for about four months. | 1 | 2014–2014 |
| People v. Hernandez green | 1 | 2014–2014 |
People v. Hamilton
green
1 sentence2014If it were not, the court could ‘load’ the jury one way or the other.” (People v. Hamilton, supra, 60 Cal.2d at p. 128 , italics added.) In People v. Hernandez, supra, 30 Cal.4th 1 , the court addressed whether the erroneous dismissal of a juror pursuant to section 1089 and the substitution with an alternate would bar a retrial. | 1 | 2014–2014 |
People v. Elize
green
1 sentence2014(People v. Elize (1999) 71 Cal.App.4th 605, 615 .) It follows the court should give the instruction on the alternate defense if the defendant requests the instruction. | 1 | 2014–2014 |
People v. Bittaker
green
1 sentence2014When a defendant uses peremptory challenges to excuse prospective jurors who should have been removed for cause, a defendant’s right to an impartial jury is affected only when he exhausts his peremptory challenges and an incompetent juror, meaning a juror who should have been removed for cause, sits on the jury that decides the case.” Black rejected an alternate test articulated in dicta in People v. Bittaker (1989) 48 Cal.3d 1046 . | 1 | 2014–2014 |
People v. Black
green
1 sentence2014(People v. Black, supra, at p. __ [ 2014 Cal. LEXIS 2103 ].) b. | 1 | 2014–2014 |
People v. Dennis
green
1 sentence2014Consequently, we must determine whether trial counsel’s performance was deficient because he failed to request such an instruction. 4 (See People v. Dennis (1998) 17 Cal.4th 468, 540-541 , citing, among other cases, Strickland v. Washington (1984) 466 U.S. 668 [ineffective assistance of counsel requires defendant to show both deficient performance and resulting prejudice].) The evidence is undisputed that defendant and Jane Doe were not married, and had been living together for about four months. | 1 | 2014–2014 |
| People v. Boyette green | 1 | 2013–2013 |
| People v. Williams green | 1 | 2013–2013 |
| People v. Kraft green | 1 | 2013–2013 |
| El Escorial Owners' Ass'n v. DLC Plastering, Inc. green | 1 | 2010–2010 |
| San Remo Hotel L.P. v. City & County of San Francisco green | 1 | 2009–2009 |
| Puerto Rico Telephone Co. v. U.S. Phone Manufacturing Corp. green | 1 | 2006–2006 |
| Dalany v. American Pacific Holding Corp. green | 1 | 2006–2006 |
| Roadway Package System, Inc. v. Scott Kayser D/B/A Quality Express Scott Kayser green | 1 | 2006–2006 |
| Crowley v. Katleman green | 1 | 2006–2006 |
| In Re Jost green | 1 | 1997–1997 |
| Weiner v. Fleischman green | 1 | 1997–1997 |
| Smith v. Superior Court green | 1 | 1994–1994 |
| People v. Howard green | 1 | 1994–1994 |
| Utah Construction Co. v. Western Pacific Railway Co. green | 1 | 1992–1992 |
| Carsley v. Lindsay neutral | 1 | 1992–1992 |
| Pratt v. Connor green | 1 | 1992–1992 |
| People v. Beeman green | 1 | 1990–1990 |
| Kassel v. Consolidated Freightways Corp. of Del. green | 1 | 1984–1984 |
| Edgar v. Mite Corp. green | 1 | 1984–1984 |
| Minnesota v. Clover Leaf Creamery Co. green | 1 | 1984–1984 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.