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17 California opinions name it 2 courts 1986–2023 4 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 |
|---|---|---|
In re Lawrencegreen2 sentences2023At his parole hearing, Mr. Casey discussed his fear of judgement and need to be accepted saying, ‘I’ve tried to please people to protect myself from perceptions of when I was a little kid and being hurt and not having the ability to communicate or to express or to ask… for help from people that can help me.’ I have determined that Mr. Casey must do additional work to deepen his insight into the causative factors of his crime and coping skills before he can be safely released on parole.” The Governor’s insight and reason for denying parole more than meets the standard of “some evidence” in In r 2014As our high court explained "expressions of insight and remorse will vary from prisoner to prisoner and . . . there is no special formula for a prisoner to articulate in order to communicate that he or she has gained insight into, and formed a commitment to ending, a previous pattern of violent behavior." (Shaputis, supra, 44 Cal.4th at p. 1260, fn. 18 .) Critically, neither Dr. Reynoso nor Dr. Switzer concluded that Ferguson lacked insight into the causative factors of the crime. | 4 | 6 |
In re Shaputisgreen2 sentences2011(Lawrence, supra, 44 Cal.4th at p. 1221; accord, Shaputis, supra, 44 Cal.4th at p. 1255.) Here, the Governor relied on a selected excerpt from Dr. Reynoso’s 2008 mental health evaluation in which she stated that Rodriguez lacked a clear understanding as to the causative factors behind his criminal actions, to conclude that Rodriguez lacked insight into his crime. 2010Thus, applying the legal principles set forth above, we must decide whether "some evidence" supports the Board's reliance on these factors to deny petitioner parole. ( In re Shaputis, supra, 44 Cal.4th at p. 1255.) A. The Commitment Offense. (4) Under the governing regulations, when deciding whether an inmate is suitable for parole, the Board may consider whether the inmate committed the underlying offense in an especially heinous, atrocious or cruel manner. | 2 | 2 |
In Re Reed on Habeas Corpusgreen1 sentence2022(In re Montgomery (2012) 208 Cal.App.4th 149, 163 [tobacco possession RVR evidence that the petitioner “has not adequately addressed the triggers for his tobacco addiction,” forming rational nexus to current dangerousness “[i]n the context of a life crime in which addiction played . . . a significant role”]; In re Reed (2009) 171 Cal.App.4th 1071, 1084 [128A “provided some evidence [the petitioner] was unsuitable for parole because he would not comply with the reasonable conditions of parole”].) We disagree with petitioner that the lack of violence in the RVR’s means that there was no link bet | 1 | 1 |
In re Montgomerygreen1 sentence2022(In re Montgomery (2012) 208 Cal.App.4th 149, 163 [tobacco possession RVR evidence that the petitioner “has not adequately addressed the triggers for his tobacco addiction,” forming rational nexus to current dangerousness “[i]n the context of a life crime in which addiction played . . . a significant role”]; In re Reed (2009) 171 Cal.App.4th 1071, 1084 [128A “provided some evidence [the petitioner] was unsuitable for parole because he would not comply with the reasonable conditions of parole”].) We disagree with petitioner that the lack of violence in the RVR’s means that there was no link bet | 1 | 1 |
In re Stoneroadgreen1 sentence2014Regarding his expressions of remorse and insight into the causative factors of his crime, the assessment indicated his insight was "generally fair," although the assessment additionally noted "[h]e appeared to present 5 "A 'chrono' is an institutional documentation of information about inmates and inmate behavior." (In re Stoneroad (2013) 215 Cal.App.4th 596, 606, fn. 4 .) 10 himself in a somewhat defensive manner" and "made some attempt to portray himself in an overly favorable manner." The assessment further indicated his "planning, execution, and inept attempts to deny responsibility" for t | 1 | 1 |
In Re Shippmangreen1 sentence2013(See, e.g., In re Tapia (2012) 207 Cal.App.4th 1104, 1113 [contrary to the evidence, inmate denied planning a murder]; In re Shippman (2010) 185 Cal.App.4th 446, 460-462 [inmate repeatedly denied or minimized past incidents in which his irrational need to control his romantic partners resulted in emotional or physical violence].) While Lockett‟s choice of words was ill-advised, his use of the single phrase “childish antic” does not amount to some evidence he has minimized the seriousness of, or his role in, the crime. 10 The Board‟s conclusion that Lockett has failed to develop sufficient insi | 1 | 1 |
In re Tapiagreen1 sentence2013(See, e.g., In re Tapia (2012) 207 Cal.App.4th 1104, 1113 [contrary to the evidence, inmate denied planning a murder]; In re Shippman (2010) 185 Cal.App.4th 446, 460-462 [inmate repeatedly denied or minimized past incidents in which his irrational need to control his romantic partners resulted in emotional or physical violence].) While Lockett‟s choice of words was ill-advised, his use of the single phrase “childish antic” does not amount to some evidence he has minimized the seriousness of, or his role in, the crime. 10 The Board‟s conclusion that Lockett has failed to develop sufficient insi | 1 | 1 |
In Re DeLunagreen2 sentences2010(See also In re Lewis (2009) 172 Cal.App.4th 13, 29 [ 91 Cal.Rptr.3d 72 ]; In re Moses (2010) 182 Cal.App.4th 1279, 1310-1311, fn. 13 [ 106 Cal.Rptr.3d 608 ]; In re DeLuna (2005) 126 Cal.App.4th 585, 593-594 [ 24 Cal.Rptr.3d 643 ].) Here, however, the Board did articulate its reasons for denying parole, which included, among other reasons, petitioner’s lack of insight into the offense’s causative factors and his unstable social history. 2010(See also In re Lewis (2009) 172 Cal.App.4th 13, 29 [ 91 Cal.Rptr.3d 72 ]; In re Moses (2010) 182 Cal.App.4th 1279, 1310-1311, fn. 13 [ 106 Cal.Rptr.3d 608 ]; In re DeLuna (2005) 126 Cal.App.4th 585, 593-594 [ 24 Cal.Rptr.3d 643 ].) Here, however, the Board did articulate its reasons for denying parole, which included, among other reasons, petitioner’s lack of insight into the offense’s causative factors and his unstable social history. | 1 | 1 |
In Re Mosesgreen2 sentences2010(See also In re Lewis (2009) 172 Cal.App.4th 13, 29 [ 91 Cal.Rptr.3d 72 ]; In re Moses (2010) 182 Cal.App.4th 1279, 1310-1311, fn. 13 [ 106 Cal.Rptr.3d 608 ]; In re DeLuna (2005) 126 Cal.App.4th 585, 593-594 [ 24 Cal.Rptr.3d 643 ].) Here, however, the Board did articulate its reasons for denying parole, which included, among other reasons, petitioner’s lack of insight into the offense’s causative factors and his unstable social history. 2010(See also In re Lewis (2009) 172 Cal.App.4th 13, 29 [ 91 Cal.Rptr.3d 72 ]; In re Moses (2010) 182 Cal.App.4th 1279, 1310-1311, fn. 13 [ 106 Cal.Rptr.3d 608 ]; In re DeLuna (2005) 126 Cal.App.4th 585, 593-594 [ 24 Cal.Rptr.3d 643 ].) Here, however, the Board did articulate its reasons for denying parole, which included, among other reasons, petitioner’s lack of insight into the offense’s causative factors and his unstable social history. | 1 | 1 |
In Re Lewisgreen2 sentences2010(See also In re Lewis (2009) 172 Cal.App.4th 13, 29 [ 91 Cal.Rptr.3d 72 ]; In re Moses (2010) 182 Cal.App.4th 1279, 1310-1311, fn. 13 [ 106 Cal.Rptr.3d 608 ]; In re DeLuna (2005) 126 Cal.App.4th 585, 593-594 [ 24 Cal.Rptr.3d 643 ].) Here, however, the Board did articulate its reasons for denying parole, which included, among other reasons, petitioner’s lack of insight into the offense’s causative factors and his unstable social history. 2010(See also In re Lewis (2009) 172 Cal.App.4th 13, 29 [ 91 Cal.Rptr.3d 72 ]; In re Moses (2010) 182 Cal.App.4th 1279, 1310-1311, fn. 13 [ 106 Cal.Rptr.3d 608 ]; In re DeLuna (2005) 126 Cal.App.4th 585, 593-594 [ 24 Cal.Rptr.3d 643 ].) Here, however, the Board did articulate its reasons for denying parole, which included, among other reasons, petitioner’s lack of insight into the offense’s causative factors and his unstable social history. | 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 Shaputis
green
2 sentences2022(Shaputis II, supra, 53 Cal.4th at p. 210 .) We conclude some evidence supports the Board’s finding that petitioner lacked insight into the causative factors of the murder, and that this lack of insight had a rational nexus to current dangerousness. 15 DISPOSITION The trial court’s order granting writ of habeas corpus is reversed. 2017(Lawrence, . . . at p. 1191.)’ ([Prather], at pp. 251–252.)” (Shaputis II, supra, 53 Cal.4th at p. 209 .)11 A. The Board’s Denial of Parole in 2014 The Board gave two reasons for its decision in October 2014: petitioner was unable to explain “the causative factors” of his youthful criminal behavior and he had continued to commit rules violations while in prison. 11 The Board’s regulations set forth six circumstances tending to show unsuitability for parole and nine tending to show suitability, leaving the importance of these circumstances in a particular case to the judgment of the panel. | 6 | 2012–2022 |
In re Ryner
green
2 sentences2023(In re Ryner, supra, 196 Cal.App.4th at p. 541 .) The trial court granted Ryner’s 7 petition for writ of habeas corpus. 2015Hence, although a 'lack of insight' may describe some failure to acknowledge and accept an undeniable fact about one's conduct, it can also be shorthand for subjective perceptions based on intuition or undefined criteria that are impossible to refute. [Citation.] However, it is settled that the [Governor] may not base [his] findings on hunches, speculation, or intuition. [Citations.]" (In re Ryner, supra, 196 Cal.App.4th at p. 548 .) We find that the evidence in the record before us does not support the Governor's finding that Wimberly lacks insight into the causative factors of his life crime | 3 | 2014–2023 |
In re Jackson
green
2 sentences2017(See Jackson, supra, 193 Cal.App.4th at p. 1391 .) The Board also relied on the evaluating psychologist’s 2014 assessment, in which Dr. Smith repeatedly mentioned petitioner’s refusal to admit guilt, as when she stated that he had demonstrated a “lack of remorse and failure to accept responsibility for his own actions,” and that he “has yet to accept responsibility for the crime or develop an understanding with regard to the causative factors to the crime.” After concluding that petitioner was at moderate risk for future violence, Dr. Smith concluded that he “can mitigate his risk by taking fu 2016(See Jackson, supra, 193 Cal.App.4th at p. 1391 .) The Board also relied on the evaluating psychologist’s 2014 assessment, in which Dr. Smith repeatedly mentioned petitioner’s refusal to admit guilt, as when she stated that he had demonstrated a “lack of remorse and failure to accept responsibility for his own actions,” and that he “has yet to accept responsibility for the crime or develop an understanding with regard to the causative factors to the crime.” After concluding that petitioner was at *89 moderate risk for future violence, Dr. Smith concluded that he “can mitigate his risk by takin | 2 | 2016–2017 |
Parrish v. Civil Service Commission
green
1 sentence2023Parrish v. Civil Service Com. (1967) 66 Cal.2d 260 Analysis Because LaMons has failed to persuade us that the Board’s use of insight here has the effect of applying the Board’s statutory authority and regulations to require he relinquish a constitutional right to possess certain “beliefs” about the causative factors of his criminality, that use does not necessitate a Parrish v. Civil Service Com., supra, 66 Cal.2d at pp. 271-272 analysis here. | 1 | 2023–2023 |
Wooley v. Maynard
green
1 sentence2023(See Wooley v. Maynard, supra, 430 U.S. at 22 p. 714.) “[T]he First Amendment’s right to freedom of speech is not unlimited. . . . | 1 | 2023–2023 |
Elrod v. Burns
green
1 sentence2023But, Elrod specifically concerned itself with the First Amendment protections applicable to “political belief and association,” which the Court identified as “the core of those activities protected by the First Amendment.” (Elrod v. Burns, supra, 427 U.S. at p. 356 .) Here, we have concluded that LaMons’s belief as to what the causative factors of his crimes were do not warrant First Amendment protections on par with political beliefs. | 1 | 2023–2023 |
People v. King
green
1 sentence2022(People v. King (1991) 1 Cal.App.4th 288, 291 .) Petitioner and Bivert took Patton’s truck and later drove it into a slough to conceal it. | 1 | 2022–2022 |
In Re Palermo on Habeas Corpus
green
2 sentences2012And then to sit here before this Panel and say that you really didn’t have a plan really seems a little bit disingenuous, which again would demonstrate to this Panel that you really haven’t explored the nature and magnitude of the offense or explored the causative factors for why you committed the . . . attempted murder of Mr. Vega, which again would demonstrate to this Panel that you would currently pose an unreasonable risk to public safety.” In re Palermo (2009) 171 Cal.App.4th 1096 [ 90 Cal.Rptr.3d 101 ], cited by Tapia, does not compel a different result. 2012And then to sit here before this Panel and say that you really didn’t have a plan really seems a little bit disingenuous, which again would demonstrate to this Panel that you really haven’t explored the nature and magnitude of the offense or explored the causative factors for why you committed the . . . attempted murder of Mr. Vega, which again would demonstrate to this Panel that you would currently pose an unreasonable risk to public safety.” In re Palermo (2009) 171 Cal.App.4th 1096 [ 90 Cal.Rptr.3d 101 ], cited by Tapia, does not compel a different result. | 1 | 2012–2012 |
In Re Singler
green
2 sentences2010Moreover, while it is indeed true petitioner has engaged in some efforts to curb his antisocial behavior, contrary to In re Singler, supra, 169 Cal.App.4th 1227 , the extent to which petitioner has succeeded at those efforts remains an open question. 2010Moreover, while it is indeed true petitioner has engaged in some efforts to curb his antisocial behavior, contrary to In re Singler, supra, 169 Cal.App.4th 1227 , the extent to which petitioner has succeeded at those efforts remains an open question. *463 Thus, because in this case the Board has provided reasonable grounds for denying parole that extend beyond the circumstances of the commitment offense, petitioner's authority provides no basis for overturning its decision. | 1 | 2010–2010 |
Young v. Sherwin-Williams Co., Inc.
green
1 sentence1993App. 1990) 569 A.2d 1173, 1179 .) We agree that the fireman's rule cannot be subverted by the artificial isolation of specific factors, and find here that all of Seibert's allegedly negligent acts were inextricably involved in causing the danger of an unrestrained outburst by Shyptycki. | 1 | 1993–1993 |
People v. Richards
green
1 sentence1986The statute refers to reparation, an unquestionably broader term than mere restitution. . . . [f] This, however, is not to say that every claim by one victimized directly or indirectly by defendant’s conduct should be granted reparation or restitution, or that the criminal courts should be reduced to collection agencies.” (Citations omitted.) In People v. Richards, supra, 17 Cal.3d 614 , the Supreme Court comes very close to adopting the causative test suggested by the UCLA Law Review Note, supra, and in the process finds that the holding in the Williams case, if not its language, is consisten | 1 | 1986–1986 |
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.