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21 California opinions name it 2 courts 2001–2026 9 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. Therriangreen2 sentences2025(See People v. Stoll (1989) 49 Cal.3d 1136, 1148 [the expert stressed that “an ‘admitted’ child molester . . . had tested ‘within normal limits’ on the” Minnesota Multiphasic Personality Inventory, which is used to assess psychopathology]; see also People v. Therrian (2003) 113 Cal.App.4th 609 , 615-616 [the expert testified that she was unaware “of any study indicating that” the Static-99 test, which computes a risk of reoffending, “has been tested and found to be accurate”].) There is more, however. 2025(See People v. Stoll (1989) 49 Cal.3d 1136, 1148 [the expert stressed that “an ‘admitted’ child molester . . . had tested ‘within normal limits’ on the” Minnesota Multiphasic Personality Inventory, which is used to assess psychopathology]; see also People v. Therrian (2003) 113 Cal.App.4th 609 , 615-616 [the expert testified that she was unaware “of any study indicating that” the Static-99 test, which computes a risk of reoffending, “has been tested and found to be accurate”].) There is more, however. | 2 | 5 |
People v. Fieldgreen2 sentences2026(People v. Field (2024) 106 Cal.App.5th 132 , 152, fn. 8 [“The Static-99 test is an actuarial instrument that allows an evaluator to place sexual offenders in different risk categories based on historical (static) factors such as age, marital status, the number of prior offenses, the relationship of the offender to the victims and the gender of the victims.”].) 20 Brinston’s changing physical condition would therefore not affect his Static-99 score. 2026(People v. Field (2024) 106 Cal.App.5th 132 , 152, fn. 8 [“The Static-99 test is an actuarial instrument that allows an evaluator to place sexual offenders in different risk categories based on historical (static) factors such as age, marital status, the number of prior offenses, the relationship of the offender to the victims and the gender of the victims.”].) 20 Brinston’s changing physical condition would therefore not affect his Static-99 score. | 2 | 3 |
People v. Stollgreen2 sentences2025In this way, the CAPI-6 test was used as “a springboard for a far more normative and subjective diagnostic process.” (Stoll, supra, 49 Cal.3d at p. 1159 .) As in Therrian, where the psychologist formed her opinion on factors beyond the scope of the Static-99 test, Dr. Haddock formed his opinion on empirical and subjective sources that assessed factors beyond the scope of CAPI-6. 2025In this way, the CAPI-6 test was used as “a springboard for a far more normative and subjective diagnostic process.” (Stoll, supra, 49 Cal.3d at p. 1159 .) As in Therrian, where the psychologist formed her opinion on factors beyond the scope of the Static-99 test, Dr. Haddock formed his opinion on empirical and subjective sources that assessed factors beyond the scope of CAPI-6. | 2 | 2 |
People v. Paniaguagreen2 sentences2015(People v. Paniagua (2012) 209 Cal.App.4th 499, 504, fn. 5 .) Matosich explained the Static-99 assessment has shown good to moderate reliability over time, but it underestimated the risk posed by a SVP. 2015(People v. Paniagua (2012) 209 Cal.App.4th 499, 504, fn. 5 .) Matosich explained the Static-99 assessment has shown good to moderate reliability over time, but it underestimated the risk posed by a SVP. | 2 | 2 |
People v. McKeegreen2 sentences2014(McKee I, supra, 47 Cal.4th at p. 1192 .) Second, the Static-99 test and other 21 actuarial risk assessments are commonly used and relied on in predicting the likeliness of reoffending. 2014(McKee I, supra, 47 Cal.4th at p. 1192 .) Second, the Static-99 test and other 21 actuarial risk assessments are commonly used and relied on in predicting the likeliness of reoffending. | 1 | 5 |
People v. LaBlancgreen2 sentences2022In deciding whether to exercise its discretion to strike the firearm enhancements, the court considered the general sentencing objectives in rule 4.410 of the California Rules of Court,5 the sentencing factors listed in rule 4.428, including defendant’s 4 “The ‘Static-99’ test is a sex offender risk assessment tool that must be used to evaluate adult males who are required to register as sex offenders . . . .” (People v. LaBlanc (2015) 238 Cal.App.4th 1059, 1067, fn. 6 , citing § 290.4, subd. (b)(1).) “ ‘The Static-99R is a revised version of the Static-99 that takes into account the age of a 2022In deciding whether to exercise its discretion to strike the firearm enhancements, the court considered the general sentencing objectives in rule 4.410 of the California Rules of Court,5 the sentencing factors listed in rule 4.428, including defendant’s 4 “The ‘Static-99’ test is a sex offender risk assessment tool that must be used to evaluate adult males who are required to register as sex offenders . . . .” (People v. LaBlanc (2015) 238 Cal.App.4th 1059, 1067, fn. 6 , citing § 290.4, subd. (b)(1).) “ ‘The Static-99R is a revised version of the Static-99 that takes into account the age of a | 1 | 1 |
People v. Sotogreen2 sentences2003(People v. Soto (1999) 21 Cal.4th 512, 515, fn. 3 [ 88 Cal.Rptr.2d 34 , 981 P.2d 958 ].) 7 We do not decide whether a Kelly hearing is required when an expert’s opinion relies solely upon the results of a Static-99 test. * See footnote, ante, page 609. 2003(People v. Soto (1999) 21 Cal.4th 512, 515, fn. 3 [ 88 Cal.Rptr.2d 34 , 981 P.2d 958 ].) 7 We do not decide whether a Kelly hearing is required when an expert’s opinion relies solely upon the results of a Static-99 test. * See footnote, ante, page 609. | 1 | 1 |
People v. Ottogreen2 sentences2003DISCUSSION I Mootness * n Admissibility of the Evidence The Sexually Violent Predators Act (SVPA) is aimed at “ ‘a select group of criminal offenders who are extremely dangerous as the result of mental impairment, and who are likely to continue committing acts of sexual violence even after they have been punished for such crimes.’ ” (People v. Otto (2001) 26 Cal.4th 200 205 [ 109 Cal.Rptr.2d 327 , 26 P.3d 1061 ].) To be classified as a sexually violent predator, a person must have been “convicted *614 of a sexually violent offense against two or more victims,” and suffer from a “diagnosed ment 2003DISCUSSION I Mootness * n Admissibility of the Evidence The Sexually Violent Predators Act (SVPA) is aimed at “ ‘a select group of criminal offenders who are extremely dangerous as the result of mental impairment, and who are likely to continue committing acts of sexual violence even after they have been punished for such crimes.’ ” (People v. Otto (2001) 26 Cal.4th 200 205 [ 109 Cal.Rptr.2d 327 , 26 P.3d 1061 ].) To be classified as a sexually violent predator, a person must have been “convicted *614 of a sexually violent offense against two or more victims,” and suffer from a “diagnosed ment | 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. Kelly
yellow
2 sentences2010Appellant asserts that the Static-99 test employed by the psychological evaluators should not have been admitted without an evidentiary hearing under People v. Kelly (1976) 17 Cal.3d 24 [ 130 Cal.Rptr. 144 , 549 P.2d 1240 ] (Kelly). 2010Appellant asserts that the Static-99 test employed by the psychological evaluators should not have been admitted without an evidentiary hearing under People v. Kelly (1976) 17 Cal.3d 24 [ 130 Cal.Rptr. 144 , 549 P.2d 1240 ] (Kelly). | 3 | 2003–2010 |
People v. McKee
green
2 sentences2014The McKee II court acknowledged that the evidence presented showed only that "the inherent nature of the SVP's mental disorder makes recidivism as a class significantly more likely than recidivism of sex offenders generally, but does not show SVP's have, in fact, a higher sexual recidivism 14 rate than MDO's and NGI's." (McKee II, supra, 207 Cal.App.4th at p. 1342 .) Nevertheless, the court found that the recidivism rate evidence was " 'significant, given that the goal of the SVP[A] is specifically to protect society from particularly serious sexual offenses.' " (Ibid.) In reaching this infere 2013The McKee II court acknowledged that the evidence presented only showed that “the inherent nature of the SVP’s mental disorder makes recidivism as a class significantly more likely than recidivism of sex offenders generally, but does not show SVP’s have, in fact, a higher sexual recidivism rate than MDO’s and NGI’s.” (McKee II, supra, 207 Cal.App. 4th at p. 1342 .) Nonetheless, the court found that the recidivism rate evidence was “ ‘significant, given that the goal of the SVP[A] is specifically to protect society from particularly serious 24 sexual offenses.’ ” (Ibid.) In reaching this infere | 2 | 2013–2014 |
People v. Thai
green
2 sentences2024(Thai, supra, 90 Cal.App.5th at pp. 433-434.) It is apparent that the public defender’s analysis of the Static 99 did not reflect that he was or could have been a stranger to the victims. 19 The court does not appear to have made any determination as to how the Static 99 weighed in its analysis. 2024(Thai, supra, 90 Cal.App.5th at pp. 433-434.) It is apparent that the public defender’s analysis of the Static 99 did not reflect that he was or could have been a stranger to the victims. 19 The court does not appear to have made any determination as to how the Static 99 weighed in its analysis. | 1 | 2024–2024 |
Auto Equity Sales, Inc. v. Superior Court
green
2 sentences2015The trial court must determine whether the legislative distinctions in classes of persons subject to civil commitment are reasonable and factually based—not whether they are incontrovertible or uncontroversial.” (McKee I, supra, 47 Cal.4th at pp. 1210-1211, fn. omitted.) The McKee II court relied on evidence that scores on the Static-99 test, which assesses the risk that a sex offender will commit sex offenses, were significantly higher for SVP’s than for MDO’s and NGI’s. 2015The trial court must determine whether the legislative distinctions in classes of persons subject to civil commitment are reasonable and factually based—not whether they are incontrovertible or uncontroversial.” (McKee I, supra, 47 Cal.4th at pp. 1210-1211, fn. omitted.) The McKee II court relied on evidence that scores on the Static-99 test, which assesses the risk that a sex offender will commit sex offenses, were significantly higher for SVP’s than for MDO’s and NGI’s. | 1 | 2015–2015 |
Frye v. United States
red
2 sentences2003Petitioner’s petition for a rehearing was denied January 15, 2003, and the opinion was modified to read as printed above. 1 All further unlabeled statutory references are to the Welfare and Institutions Code. 2 The Court of Appeal majority concluded, however, that the superior court was within its discretion in excluding Glen’s testimony based on the court’s factual finding that no clinical judgment was used to supplement the predictive results of the Static-99 test. 3 Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) 509 U.S. 579 [ 113 S.Ct. 2786 , 125 L.Ed.2d 469 ] concluded that Frye v. U 2003Petitioner’s petition for a rehearing was denied January 15, 2003, and the opinion was modified to read as printed above. 1 All further unlabeled statutory references are to the Welfare and Institutions Code. 2 The Court of Appeal majority concluded, however, that the superior court was within its discretion in excluding Glen’s testimony based on the court’s factual finding that no clinical judgment was used to supplement the predictive results of the Static-99 test. 3 Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) 509 U.S. 579 [ 113 S.Ct. 2786 , 125 L.Ed.2d 469 ] concluded that Frye v. U | 1 | 2003–2003 |
Daubert v. Merrell Dow Pharmaceuticals, Inc.
green
2 sentences2003Petitioner’s petition for a rehearing was denied January 15, 2003, and the opinion was modified to read as printed above. 1 All further unlabeled statutory references are to the Welfare and Institutions Code. 2 The Court of Appeal majority concluded, however, that the superior court was within its discretion in excluding Glen’s testimony based on the court’s factual finding that no clinical judgment was used to supplement the predictive results of the Static-99 test. 3 Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) 509 U.S. 579 [ 113 S.Ct. 2786 , 125 L.Ed.2d 469 ] concluded that Frye v. U 2003Petitioner’s petition for a rehearing was denied January 15, 2003, and the opinion was modified to read as printed above. 1 All further unlabeled statutory references are to the Welfare and Institutions Code. 2 The Court of Appeal majority concluded, however, that the superior court was within its discretion in excluding Glen’s testimony based on the court’s factual finding that no clinical judgment was used to supplement the predictive results of the Static-99 test. 3 Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) 509 U.S. 579 [ 113 S.Ct. 2786 , 125 L.Ed.2d 469 ] concluded that Frye v. U | 1 | 2003–2003 |
Korsak v. Atlas Hotels, Inc.
green
2 sentences2001As we previously noted in this opinion, a decision that an expert opinion is based on legally insufficient grounds is not a conclusive factual finding, since such a finding is purely a legal ruling and should be reviewed for legal correctness under an abuse of discretion standard. ( Korsak v. Atlas Hotels, Inc., supra, 2 Cal.App.4th at p. 1523 , 3 Cal.Rptr.2d 833 .) We must therefore determine if the court abused its discretion (1) when it found the Static-99 test had to and did not meet standards of reliability and "certainty" applicable to new "scientific principles," and (2) when it ruled t 2001As we previously noted in this opinion, a decision that an expert opinion is based on legally insufficient grounds is not a conclusive factual finding, since such a finding is purely a legal ruling and should be reviewed for legal correctness under an abuse of discretion standard. ( Korsak v. Atlas Hotels, Inc., supra, 2 Cal.App.4th at p. 1523 , 3 Cal.Rptr.2d 833 .) We must therefore determine if the court abused its discretion (1) when it found the Static-99 test had to and did not meet standards of reliability and "certainty" applicable to new "scientific principles," and (2) when it ruled t | 1 | 2001–2001 |
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.