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11 California opinions name it 2 courts 1968–2024 1 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 |
|---|---|---|
People v. Moorered2 sentences1972While there are criminal aspects to narcotics addiction proceedings *816 (People v. Moore (1968) 69 Cal.2d 674, 681-682 [ 72 Cal.Rptr. 800 , 446 P.2d 800 ]), a commitment under section 3050' et seq. of the Welfare and Institutions Code is deemed nonpenal. and civil in character. 1972While there are criminal aspects to narcotics addiction proceedings *816 (People v. Moore (1968) 69 Cal.2d 674, 681-682 [ 72 Cal.Rptr. 800 , 446 P.2d 800 ]), a commitment under section 3050' et seq. of the Welfare and Institutions Code is deemed nonpenal. and civil in character. | 2 | 2 |
Bunnell v. Superior Courtgreen2 sentences1989Code, § 11590), and, in appropriate cases the possibility of commitment pursuant to Welfare and Institutions Code, sections 3050, 3051, or 6302. [fl] We are satisfied that compliance with these requirements will not unduly burden trial courts, some of which have anticipated most if not all of the requirements set forth herein.” (Bunnell v. Superior Court (1975) 13 Cal.3d 592, 605 [ 119 Cal.Rptr. 302 , 531 P.2d 1086 ].) The court then footnoted this reference: “See, e.g., Los Angeles Superior Court, Criminal Trial Judges’ Benchbook pages 267-274, 279-280.” (Id., at p. 605, fn. 6.) Three years l 1989Code, § 11590), and, in appropriate cases the possibility of commitment pursuant to Welfare and Institutions Code, sections 3050, 3051, or 6302. [fl] We are satisfied that compliance with these requirements will not unduly burden trial courts, some of which have anticipated most if not all of the requirements set forth herein.” (Bunnell v. Superior Court (1975) 13 Cal.3d 592, 605 [ 119 Cal.Rptr. 302 , 531 P.2d 1086 ].) The court then footnoted this reference: “See, e.g., Los Angeles Superior Court, Criminal Trial Judges’ Benchbook pages 267-274, 279-280.” (Id., at p. 605, fn. 6.) Three years l | 1 | 5 |
In Re De La Ogreen2 sentences1972(In re De La O (1963) supra, 59 Cal.2d 128, 156 [ 28 Cal.Rptr. 489 , 378 P.2d 793 , 98 A.L.R.2d 705 ]; In re Trummer (1964) 60 Cal.2d 658 [ 36 Cal.Rptr. 281 , 388 P.2d 177 ].) A parolee is a sentenced felon and in law is deemed ‘civilly dead’ for certain purposes under section 2600 of the Penal Code. [Citation.] The outpatient’s civil rights have not been lost, except as curtailed by the' conditions deemed necessary to supervise his cure. 1972(In re De La O (1963) supra, 59 Cal.2d 128, 156 [ 28 Cal.Rptr. 489 , 378 P.2d 793 , 98 A.L.R.2d 705 ]; In re Trummer (1964) 60 Cal.2d 658 [ 36 Cal.Rptr. 281 , 388 P.2d 177 ].) A parolee is a sentenced felon and in law is deemed ‘civilly dead’ for certain purposes under section 2600 of the Penal Code. [Citation.] The outpatient’s civil rights have not been lost, except as curtailed by the' conditions deemed necessary to supervise his cure. | 1 | 4 |
People v. Wetmorered2 sentences1989The trial court here complied with that requirement.” (People v. Wetmore (1978) 22 Cal.3d 318, at p. 322, fn. 2 [ 149 Cal.Rptr. 265 , 583 P.2d 1308 ].) Less than a month after Wetmore the Supreme Court further protected persons acquitted of criminal charges because of insanity. 1989The trial court here complied with that requirement.” (People v. Wetmore (1978) 22 Cal.3d 318, at p. 322, fn. 2 [ 149 Cal.Rptr. 265 , 583 P.2d 1308 ].) Less than a month after Wetmore the Supreme Court further protected persons acquitted of criminal charges because of insanity. | 1 | 1 |
In Re Johnsongreen2 sentences1970Petitioner contends that he was not informed of his right to counsel and that his request for court-appointed counsel was rejected in the criminal proceedings before the municipal court; that, in any event, he did not waive his right to counsel; and that the unconstitutionality of the underlying conviction vitiates his subsequent commitment under Welfare and Institutions Code section 3050. (1) Under article I, section 13, of the California Constitution, [3] "there can be no doubt that the fundamental constitutional right to the assistance of counsel at all stages of the proceedings (see Gideon 1970Petitioner contends that he was not informed of his right to counsel and that his request for court-appointed counsel was rejected in the criminal proceedings before the municipal court; that, in any event, he did not waive his right to counsel; and that the unconstitutionality of the underlying conviction vitiates his subsequent commitment under Welfare and Institutions Code section 3050. (1) Under article I, section 13, of the California Constitution, [3] "there can be no doubt that the fundamental constitutional right to the assistance of counsel at all stages of the proceedings (see Gideon | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re Trummer
green
2 sentences1972(In re De La O (1963) supra, 59 Cal.2d 128, 156 [ 28 Cal.Rptr. 489 , 378 P.2d 793 , 98 A.L.R.2d 705 ]; In re Trummer (1964) 60 Cal.2d 658 [ 36 Cal.Rptr. 281 , 388 P.2d 177 ].) A parolee is a sentenced felon and in law is deemed ‘civilly dead’ for certain purposes under section 2600 of the Penal Code. [Citation.] The outpatient’s civil rights have not been lost, except as curtailed by the' conditions deemed necessary to supervise his cure. 1972(In re De La O (1963) supra, 59 Cal.2d 128, 156 [ 28 Cal.Rptr. 489 , 378 P.2d 793 , 98 A.L.R.2d 705 ]; In re Trummer (1964) 60 Cal.2d 658 [ 36 Cal.Rptr. 281 , 388 P.2d 177 ].) A parolee is a sentenced felon and in law is deemed ‘civilly dead’ for certain purposes under section 2600 of the Penal Code. [Citation.] The outpatient’s civil rights have not been lost, except as curtailed by the' conditions deemed necessary to supervise his cure. | 4 | 1968–1972 |
People v. Howard
red
2 sentences2024(Id. at pp. 605–606.) In Howard, supra, 1 Cal.4th 1132 at pages 1175–1180, we exercised our supervisory powers to require trial courts to 14 In re TELLEZ Opinion of the Court by Evans, J. continue to advise defendants of their waiver of specific constitutional rights before a guilty or no contest plea even though we no longer deemed such advisements necessary under federal law. 2024(Id. at pp. 605–606.) In Howard, supra, 1 Cal.4th 1132 at pages 1175–1180, we exercised our supervisory powers to require trial courts to 14 In re TELLEZ Opinion of the Court by Evans, J. continue to advise defendants of their waiver of specific constitutional rights before a guilty or no contest plea even though we no longer deemed such advisements necessary under federal law. | 1 | 2024–2024 |
In Re Tahl
yellow
1 sentence1990The court stated: “A ‘submission ’ within the meaning of Tahl, supra, 1 Cal.3d 122 and Bunnell, supra, 13 Cal.3d 592 occurs when a defendant gives up his right to trial by jury and, unless otherwise specified, the right to present additional evidence in his own defense and agrees the court can decide his case on the basis of the transcript of prior proceedings. [Citations.] Although the parties may reserve the right to present additional evidence, the essential *386 components of a submission are waiver of a jury trial and, with respect to the witnesses who testified in the prior proceedings, | 1 | 1990–1990 |
People v. Robertson
green
2 sentences1990Code, § 11590), and in appropriate cases the possibility of commitment pursuant to Welfare and Institutions Code, sections 3050, 3051, or 6302.” (Bunnell, supra, 13 Cal.3d at p. 605.) 6 Recently, in People v. Robertson (1989) 48 Cal.3d 18 [ 255 Cal.Rptr. 631 , 767 P.2d 1109 ], the Supreme Court provided guidance in determining whether there has been a “submission” within the meaning of Bunnell. 1990Code, § 11590), and in appropriate cases the possibility of commitment pursuant to Welfare and Institutions Code, sections 3050, 3051, or 6302.” (Bunnell, supra, 13 Cal.3d at p. 605.) 6 Recently, in People v. Robertson (1989) 48 Cal.3d 18 [ 255 Cal.Rptr. 631 , 767 P.2d 1109 ], the Supreme Court provided guidance in determining whether there has been a “submission” within the meaning of Bunnell. | 1 | 1990–1990 |
Gideon v. Wainwright
green
2 sentences1970Petitioner contends that he was not informed of his right to counsel and that his request for court-appointed counsel was rejected in the criminal proceedings before the municipal court; that, in any event, he did not waive his right to counsel; and that the unconstitutionality of the underlying conviction vitiates his subsequent commitment under Welfare and Institutions Code section 3050. (1) Under article I, section 13, of the California Constitution, [3] "there can be no doubt that the fundamental constitutional right to the assistance of counsel at all stages of the proceedings (see Gideon 1970Under article I, section 13, of the California Constitution, 3 “there can be no doubt that the fundamental constitutional right to the assistance of counsel at all stages of the proceedings (see Gideon v. Wainright [sic] (1963) 372 U.S. 335 . . .) is . . . not limited to felony cases but is equally guaranteed to persons charged with misdemeanors in a municipal or other inferior court.” (In re Johnson (1965) 62 Cal.2d 325, 329 [ 42 Cal.Rptr. 228 , 398 P.2d 420 ].) To implement this constitutional guarantee, the criminal courts are required to inform each defendant of his right to counsel, inqui | 1 | 1970–1970 |
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.