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14 California opinions name it 1 courts 1979–2023 3 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. Robert D.green2 sentences2015(See In re Robert D. (1979) 95 Cal.App.3d 767, 773 [removal order signed by judge three days after it issued was not void].) Instead, the violation of the two-day rule delayed the effectiveness of the referee’s order until 5 approved by the judge.1 (Ibid.) In short, the protective custody order was valid once approved by Judge Draper, and mother demonstrates no error. b. 2001This is a rule of procedure only; it is to give immediate effect to the referee’s order, which is not effective until the juvenile court judge signs it. [Citation.] Thus the one day’s delay [here] simply delay[ed] the effective date when [the minor] could lawfully be removed from his parents’ home.” (In re Robert D. (1979) 95 Cal.App.3d 767, 773 [ 157 Cal.Rptr. 339 ].) The unspoken premise of that holding is that the two-day rule “could not” have jurisdictional consequences (ibid.) because the Judicial Council, having authority to promulgate only rules “not. . . inconsistent with statute” (Cal | 2 | 2 |
People v. Sandovalred1 sentence2023Gallardo does not dispute that the decision to deny him probation was based on a consideration of relevant criteria listed in rule 4.414, but he contends that the court abused its discretion because it relied on “rote, general factors” inherent in the nature of Gallardo’s offense, and thus failed to employ its discretion in an “individualized fashion.” (Citing People v. Sandoval (2007) 41 Cal.4th 825, 847 (Sandoval) [discretionary sentencing decision must be based on “ ‘individualized consideration of the offense, the offender, and the public interest’ ”].) The record shows that the sentencing | 1 | 1 |
Anderson National Bank v. Luckettgreen1 sentence2020The Trial Court Did Not Violate Rizzo’s Due Process Rights “‘The primary purpose of procedural due process is to provide affected parties with the right to be heard at a meaningful time and in a meaningful manner.’” (Edward W. v. Lamkins (2002) 99 Cal.App.4th 516, 532 ; see also Anderson Nat’l Bank v. Luckett (1944) 321 U.S. 233, 246 .) In claiming his due process rights were violated, Rizzo contends the judge “rushed” through the two-day hearing and unfairly denied him a third day, which would have given him the opportunity to rebut all of Rampony’s allegations. | 1 | 1 |
In Re Antoinette S.green1 sentence2016(See § 224, subd. (e); 25 U.S.C. §§ 1912 , 1914.) “The purpose of giving notice is not ritual adherence to the statute but to make it possible for Indian parents, custodians, and tribes to exercise their right of intervention guaranteed by the ICWA. ([25 U.S.C.] § 1911(c).)” (In re Antoinette S. (2002) 104 Cal.App.4th 1401, 1414, fn. 4 .) “One of the purposes of giving notice to the tribe is to enable it to determine whether the minor is an Indian child. [Citation.] Notice is meaningless if no information or insufficient information is presented to the tribe to make that determination. [Citati | 1 | 1 |
People v. Raygreen1 sentence2013(See People v. Ray (1996) 13 Cal.4th 313, 339 [trial motion to suppress on Miranda not allowed on appeal to include claim of improper inducement]; People v. Benson (1990) 52 Cal.3d 754, 782, fn. 5 [leniency attack on statement not allowed on appeal to expand to include “other aspects of the interrogation (e.g., ‘psychological coercion,’ ‘deception,’ and ‘threats’).”].) From our review of the record, it appears that the word “leniency” was never used in defendant’s moving papers or uttered at the two-day hearing before the trial court. | 1 | 1 |
People v. Bensongreen1 sentence2013(See People v. Ray (1996) 13 Cal.4th 313, 339 [trial motion to suppress on Miranda not allowed on appeal to include claim of improper inducement]; People v. Benson (1990) 52 Cal.3d 754, 782, fn. 5 [leniency attack on statement not allowed on appeal to expand to include “other aspects of the interrogation (e.g., ‘psychological coercion,’ ‘deception,’ and ‘threats’).”].) From our review of the record, it appears that the word “leniency” was never used in defendant’s moving papers or uttered at the two-day hearing before the trial court. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Skilling v. United States
green
2 sentences2014(Id. at pp. 344, 358.) Similarly, the media coverage in Estes resulted in the “bombardment of the community with the sights and sounds of a two-day hearing during which the original jury panel, the petitioner, the lawyers, and the judge were highly publicized.” (Estes v. Texas, supra, 381 U.S. at p. 538 .) A tangle of microphone and camera wires connected to devices that were “beamed at the jury box and counsel table” resulted in “considerable disruption of the hearings.” (Id. at p. 536.) The Court concluded that the hearing “was not one of the judicial serenity and calm to which the petitione 2014(Id. at pp. 344, 358.) Similarly, the media coverage in Estes resulted in the “bombardment of the community with the sights and sounds of a two-day hearing during which the original jury panel, the petitioner, the lawyers, and the judge were highly publicized.” (Estes v. Texas, supra, 381 U.S. at p. 538 .) A tangle of microphone and camera wires connected to devices that were “beamed at the jury box and counsel table” resulted in “considerable disruption of the hearings.” (Id. at p. 536.) The Court concluded that the hearing “was not one of the judicial serenity and calm to which the petitione | 2 | 2014–2014 |
Estes v. Texas
green
2 sentences2014(Id. at pp. 344, 358.) Similarly, the media coverage in Estes resulted in the “bombardment of the community with the sights and sounds of a two-day hearing during which the original jury panel, the petitioner, the lawyers, and the judge were highly publicized.” (Estes v. Texas, supra, 381 U.S. at p. 538 .) A tangle of microphone and camera wires connected to devices that were “beamed at the jury box and counsel table” resulted in “considerable disruption of the hearings.” (Id. at p. 536.) The Court concluded that the hearing “was not one of the judicial serenity and calm to which the petitione 2014(Id. at pp. 344, 358.) Similarly, the media coverage in Estes resulted in the “bombardment of the community with the sights and sounds of a two-day hearing during which the original jury panel, the petitioner, the lawyers, and the judge were highly publicized.” (Estes v. Texas, supra, 381 U.S. at p. 538 .) A tangle of microphone and camera wires connected to devices that were “beamed at the jury box and counsel table” resulted in “considerable disruption of the hearings.” (Id. at p. 536.) The Court concluded that the hearing “was not one of the judicial serenity and calm to which the petitione | 2 | 2014–2014 |
Gee v. American Realty & Construction Inc.
green
1 sentence2022February 19 was the second day of the two-day hearing on Mother’s DVRO request, at which Father likely presented his defense case and the court likely stated its findings on the 18 record. (§ 3044 (f)(2) [“If the court determines that the presumption in subdivision (a) has been overcome, the court shall state its reasons in writing or on the record,” italics added].)13 Because Mother failed to provide an adequate record to establish error, the “ ‘the decision of the trial court should be affirmed.’ ” (Gee, supra, 99 Cal.App.4th at p. 1416 .) III. | 1 | 2022–2022 |
People v. West
green
1 sentence2021After a two-day hearing, the hearing officer issued a 63-page proposed decision, ultimately concluding there was a preponderance of evidence that the fire was not caused by arson, and there was not a preponderance of evidence that if arson was committed it was committed by Souliotes.9 Therefore, the hearing 7 People v. West (1970) 3 Cal.3d 595 ; North Carolina v. Alford (1970) 400 U.S. 25 . 8 Souliotes was incarcerated from the date of the fire (Jan. 15, 1997) until July 3, 2013. 9 The hearing officer also found there was not a preponderance of the evidence that Souliotes committed involuntary | 1 | 2021–2021 |
North Carolina v. Alford
green
1 sentence2021After a two-day hearing, the hearing officer issued a 63-page proposed decision, ultimately concluding there was a preponderance of evidence that the fire was not caused by arson, and there was not a preponderance of evidence that if arson was committed it was committed by Souliotes.9 Therefore, the hearing 7 People v. West (1970) 3 Cal.3d 595 ; North Carolina v. Alford (1970) 400 U.S. 25 . 8 Souliotes was incarcerated from the date of the fire (Jan. 15, 1997) until July 3, 2013. 9 The hearing officer also found there was not a preponderance of the evidence that Souliotes committed involuntary | 1 | 2021–2021 |
Edward W. v. Lamkins
green
1 sentence2020The Trial Court Did Not Violate Rizzo’s Due Process Rights “‘The primary purpose of procedural due process is to provide affected parties with the right to be heard at a meaningful time and in a meaningful manner.’” (Edward W. v. Lamkins (2002) 99 Cal.App.4th 516, 532 ; see also Anderson Nat’l Bank v. Luckett (1944) 321 U.S. 233, 246 .) In claiming his due process rights were violated, Rizzo contends the judge “rushed” through the two-day hearing and unfairly denied him a third day, which would have given him the opportunity to rebut all of Rampony’s allegations. | 1 | 2020–2020 |
Vollstedt v. City of Stockton
green
1 sentence2016(La Prade, supra, 27 Cal.2d at pp. 49-50, 52-53.) In Vollstedt , the Court of Appeal held that a city employee, who was challenging his demotion, was denied a fair hearing where (1) the civil service commission, after a two-day hearing, forwarded an advisory recommendation to the city manager, who was the final decision maker, that there was insufficient evidence to support the demotion, but failed to also transmit a statement of facts as required by a city ordinance, and (2) the city manager, without reviewing the evidence presented at the hearing and without a written statement of facts, rej | 1 | 2016–2016 |
Selfa v. Superior Court
green
1 sentence2015As later explained by the District Court in its 2009 order denying appellant’s federal habeas petition: “The [superior] court found that the 90-day limit of § 1381.5, the speedy trial statute—not the 120-day limit of § 1389 [the IAD statute]—applied, based on the rule articulated in Selfa [v. Superior Court (1980)] 109 Cal.App.3d 182 (where prisoner’s demand for speedy trial complies with both § 1381.5 and § 1389, 90-day period provided by § 1381.5 controls over 180-day period provided by § 1389).” As noted by the District Court, the court in Selfa—following the principle that when two statute | 1 | 2015–2015 |
Contra Costa County Social Service Department v. Jesse W.
green
1 sentence2015(In re Jesse W., supra, 93 Cal.App.4th at p. 358 .) In other words, the order remains valid even if it is not approved in the two-day time period. | 1 | 2015–2015 |
National Union Fire Insurance v. Lynette C.
green
2 sentences2005Co. v. Lynette C. (1994) 27 Cal.App.4th 1434 [ 33 Cal.Rptr.2d 496 ] (National Union Fire Ins.), Judge Lichtman said that the “actual trial” requirement of the statute was satisfied by an independent adjudication of facts based on an evidentiary showing, during a process that does not create the potential for abuse, fraud, or collusion. 3 In order to satisfy this standard, Judge Lichtman ordered the parties to submit briefs and present live testimony and other evidence relating to the value of these and other sexual abuse cases during a two-day hearing. 2005Co. v. Lynette C. (1994) 27 Cal.App.4th 1434 [ 33 Cal.Rptr.2d 496 ] (National Union Fire Ins.), Judge Lichtman said that the “actual trial” requirement of the statute was satisfied by an independent adjudication of facts based on an evidentiary showing, during a process that does not create the potential for abuse, fraud, or collusion. 3 In order to satisfy this standard, Judge Lichtman ordered the parties to submit briefs and present live testimony and other evidence relating to the value of these and other sexual abuse cases during a two-day hearing. | 1 | 2005–2005 |
In Re Richard S.
green
1 sentence2001VI, § 6), would be going beyond the intent underlying the statute (see discussion in In re Richard S., supra, 54 Cal.3d at p. 863 ). | 1 | 2001–2001 |
United States v. Guzman
green
2 sentences1979Vaino Spencer presiding), following a two-day hearing on defendants’ motion to quash the jury panel, that persons unable to extricate themselves from wheelchairs without the assistance of another person are not a cognizable group within the definition of United States v. Guzman, supra, 337 F.Supp. 140 , and the purported unique views held by such individuals were in fact not unique to them alone but present in a larger percentage of the population. 1979Vaino Spencer presiding), following a two-day hearing on defendants’ motion to quash the jury panel, that persons unable to extricate themselves from wheelchairs without the assistance of another person are not a cognizable group within the definition of United States v. Guzman, supra, 337 F.Supp. 140 , and the purported unique views held by such individuals were in fact not unique to them alone but present in a larger percentage of the population. | 1 | 1979–1979 |
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.