burden imposed rule (California) · Go Syfert
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burden imposed rule in California

13 California opinions name it 2 courts 1978–2025 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.

Followed or applied (6)

CaseFollowedCited
Anderson v. Celebrezzegreen
scotus · 1983 · cited in 5 California opinions naming this issue, 1991–2023
2 sentences

1993(Burdick v. Takushi (1992) 504 U.S. _ ,_[ 119 L.Ed.2d 245, 252 , 112 S.Ct. 2059 ].) The court applied a more flexible standard to a challenge against an election law by weighing the character and magnitude of the asserted injury to the rights protected by the First and Fourteenth Amendments that the plaintiff seeks to vindicate against “ ‘the precise interests put forward by the State as justifications for the burden imposed by its rule,’ taking into consideration ‘the extent to which those interests make it necessary to burden the plaintiff’s rights.’ ” (Id., at p. _ [ 119 L.Ed.2d at p. 253 ]

1993(Burdick v. Takushi (1992) 504 U.S. _ ,_[ 119 L.Ed.2d 245, 252 , 112 S.Ct. 2059 ].) The court applied a more flexible standard to a challenge against an election law by weighing the character and magnitude of the asserted injury to the rights protected by the First and Fourteenth Amendments that the plaintiff seeks to vindicate against “ ‘the precise interests put forward by the State as justifications for the burden imposed by its rule,’ taking into consideration ‘the extent to which those interests make it necessary to burden the plaintiff’s rights.’ ” (Id., at p. _ [ 119 L.Ed.2d at p. 253 ]

35
Burdick v. Takushigreen
scotus · 1992 · cited in 6 California opinions naming this issue, 1993–2023
2 sentences

2023Each provision of a code, ‘whether it governs the registration and qualifications of voters, the selection and eligibility of candidates, or the voting process itself, inevitably affects — at least to some degree — the individual’s right to vote and his right to associate with others for political ends.’ [Citation.]” (Burdick, supra, 504 U.S. at p. 433 .) “A court considering a challenge to a state election law must weigh ‘the character and magnitude of the asserted injury to the rights protected by the First and Fourteenth Amendments that the plaintiff seeks to vindicate’ against ‘the precise

2023Each provision of a code, ‘whether it governs the registration and qualifications of voters, the selection and eligibility of candidates, or the voting process itself, inevitably affects — at least to some degree — the individual’s right to vote and his right to associate with others for political ends.’ [Citation.]” (Burdick, supra, 504 U.S. at p. 433 .) “A court considering a challenge to a state election law must weigh ‘the character and magnitude of the asserted injury to the rights protected by the First and Fourteenth Amendments that the plaintiff seeks to vindicate’ against ‘the precise

16
People v. Super. Ct. (Johnson)green
cal · 2015 · cited in 2 California opinions naming this issue, 2019–2025
2 sentences

2025Accordingly, the burden imposed by the requirement ‘is not 12 high.’ ” (ALADS, supra, 8 Cal.5th at p. 42 ; accord, Johnson, supra, 61 Cal.4th at p. 720 .) To show “good cause,” the movant must demonstrate (1) “ ‘the materiality’ of the information sought ‘to the subject matter involved in the pending litigation,’ ” and (2) “ ‘a “reasonable belief” that the agency has the type of information sought.’ ” (ALADS, at pp. 41-42; accord, Johnson, at p. 720.) If the movant “shows that the request is relevant to the pending charges, and explains how, the materiality requirement will be met.” (Johnson,

2025Accordingly, the burden imposed by the requirement ‘is not 12 high.’ ” (ALADS, supra, 8 Cal.5th at p. 42 ; accord, Johnson, supra, 61 Cal.4th at p. 720 .) To show “good cause,” the movant must demonstrate (1) “ ‘the materiality’ of the information sought ‘to the subject matter involved in the pending litigation,’ ” and (2) “ ‘a “reasonable belief” that the agency has the type of information sought.’ ” (ALADS, at pp. 41-42; accord, Johnson, at p. 720.) If the movant “shows that the request is relevant to the pending charges, and explains how, the materiality requirement will be met.” (Johnson,

12
Warrick v. Superior Courtgreen
cal · 2005 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025(Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1021 (Warrick).) To show good cause for a classic Pitchess motion, the defendant must propose a defense or defenses to the pending charge and describe with some specificity “ ‘ “how the discovery being sought would support such a defense or how it would impeach the officer’s version of events.” ’ ” (Johnson, at p. 721; accord, Warrick, at p. 1021.) These requirements ensure the defendant’s request is “limited to instances of officer misconduct related to the misconduct asserted by the defendant” and that it “excludes requests for officer infor

11
People v. Moocgreen
cal · 2002 · cited in 1 California opinions naming this issue, 2019–2019
1 sentence

2019Accordingly, the burden imposed by the requirement “is not high.” (Johnson, supra, 61 Cal.4th at p. 720 ; see City of Santa Cruz, supra, 49 Cal.3d at p. 84 [requirement is designed to ensure “the production for inspection of all potentially relevant documents”].) When a court determines that a movant has made a showing sufficient to justify in camera inspection, “the custodian of records should bring to court all documents ‘potentially relevant’ to the . . . motion.” (Mooc, supra, 26 Cal.4th at p. 1226 .) “[I]f the custodian has any doubt whether a particular document is relevant, [the custodi

11
People v. Rodriguezgreen
cal · 2012 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014“The elements of the gang participation offense in section 186.22(a) are: First, active participation in a criminal street gang, in the sense of participation that is more than nominal or passive; second, knowledge that the gang’s members engage in or have engaged in a pattern of criminal gang activity; and third, the willful promotion, furtherance, or assistance in any felonious criminal conduct by members of that gang.” (People v. Rodriguez (2012) 55 Cal.4th 1125, 1130 (Rodriguez).) The phrase “willful promotion, furtherance, or assistance” has been equated with aiding and abetting.3 (People

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
SAM Party of N.Y. v. Kosinski green
ca2 · 2021
2 sentences

2023Thus, . . . when those rights are subjected to ‘severe’ restrictions, the regulation must be ‘narrowly drawn to advance a state interest of compelling importance.’ [Citation.] But when a state election law provision imposes only ‘reasonable, nondiscriminatory restrictions’ upon the First and Fourteenth 11 Amendment rights of voters, ‘the State’s important regulatory interests are generally sufficient to justify’ the restrictions. [Citations.]” (Burdick, supra, 504 U.S. at p. 434 .) 3 “This latter, lesser scrutiny is not ‘pure rational basis review.’ [Citation.] Rather, ‘the court must actually

2021(Edelstein, supra, 29 Cal.4th at p. 174 .) We must “ ‘weigh “the character and magnitude of the asserted injury to the rights . . .” against “the precise interests put forward by the State as justifications for the burden imposed by its rule,” taking into consideration “the extent to which those interests make it necessary to burden the plaintiff's rights.” ’ ” (Steen, supra, 732 F.3d at p. 388 .) State rules that impose “ ‘severe burdens on the plaintiffs’ rights,’ [ ] must be ‘narrowly tailored and 11 advance a compelling state interest.’ [Citation.] ‘Lesser burdens, however, trigger less ex

32021–2023
Rawls v. Zamora green
calctapp · 2003
2 sentences

2023Thus, . . . when those rights are subjected to ‘severe’ restrictions, the regulation must be ‘narrowly drawn to advance a state interest of compelling importance.’ [Citation.] But when a state election law provision imposes only ‘reasonable, nondiscriminatory restrictions’ upon the First and Fourteenth 11 Amendment rights of voters, ‘the State’s important regulatory interests are generally sufficient to justify’ the restrictions. [Citations.]” (Burdick, supra, 504 U.S. at p. 434 .)3 “This latter, lesser scrutiny is not ‘pure rational basis review.’ [Citation.] Rather, ‘the court must actually

2023Thus, . . . when those rights are subjected to ‘severe’ restrictions, the regulation must be ‘narrowly drawn to advance a state interest of compelling importance.’ [Citation.] But when a state election law provision imposes only ‘reasonable, nondiscriminatory restrictions’ upon the First and Fourteenth 11 Amendment rights of voters, ‘the State’s important regulatory interests are generally sufficient to justify’ the restrictions. [Citations.]” (Burdick, supra, 504 U.S. at p. 434 .) 3 “This latter, lesser scrutiny is not ‘pure rational basis review.’ [Citation.] Rather, ‘the court must actually

22023–2023
Ass'n for L.A. Deputy Sheriffs v. Superior Court of L.A. Cnty. green
· 2019
1 sentence

2025Accordingly, the burden imposed by the requirement ‘is not 12 high.’ ” (ALADS, supra, 8 Cal.5th at p. 42 ; accord, Johnson, supra, 61 Cal.4th at p. 720 .) To show “good cause,” the movant must demonstrate (1) “ ‘the materiality’ of the information sought ‘to the subject matter involved in the pending litigation,’ ” and (2) “ ‘a “reasonable belief” that the agency has the type of information sought.’ ” (ALADS, at pp. 41-42; accord, Johnson, at p. 720.) If the movant “shows that the request is relevant to the pending charges, and explains how, the materiality requirement will be met.” (Johnson,

12025–2025
Edelstein v. City & County of San Francisco green
cal · 2002
1 sentence

2021(Edelstein, supra, 29 Cal.4th at p. 174 .) We must “ ‘weigh “the character and magnitude of the asserted injury to the rights . . .” against “the precise interests put forward by the State as justifications for the burden imposed by its rule,” taking into consideration “the extent to which those interests make it necessary to burden the plaintiff's rights.” ’ ” (Steen, supra, 732 F.3d at p. 388 .) State rules that impose “ ‘severe burdens on the plaintiffs’ rights,’ [ ] must be ‘narrowly tailored and 11 advance a compelling state interest.’ [Citation.] ‘Lesser burdens, however, trigger less ex

12021–2021
Voting for America, Inc. v. John Steen green
ca5 · 2013
1 sentence

2021(Edelstein, supra, 29 Cal.4th at p. 174 .) We must “ ‘weigh “the character and magnitude of the asserted injury to the rights . . .” against “the precise interests put forward by the State as justifications for the burden imposed by its rule,” taking into consideration “the extent to which those interests make it necessary to burden the plaintiff's rights.” ’ ” (Steen, supra, 732 F.3d at p. 388 .) State rules that impose “ ‘severe burdens on the plaintiffs’ rights,’ [ ] must be ‘narrowly tailored and 11 advance a compelling state interest.’ [Citation.] ‘Lesser burdens, however, trigger less ex

12021–2021
People v. Castenada green
cal · 2000
1 sentence

2014“The elements of the gang participation offense in section 186.22(a) are: First, active participation in a criminal street gang, in the sense of participation that is more than nominal or passive; second, knowledge that the gang’s members engage in or have engaged in a pattern of criminal gang activity; and third, the willful promotion, furtherance, or assistance in any felonious criminal conduct by members of that gang.” (People v. Rodriguez (2012) 55 Cal.4th 1125, 1130 (Rodriguez).) The phrase “willful promotion, furtherance, or assistance” has been equated with aiding and abetting.3 (People

12014–2014
People v. Bolin green
cal · 1998
1 sentence

2014(People v. Bolin (1998) 18 Cal.4th 297, 331 .) As we explain, Rivera cannot overcome the burden imposed by this standard.

12014–2014
Jerry Rubin v. City of Santa Monica Maria M. Stewart, City Clerk Does 1-5, Inclusive, Bill Jones, Secretary of State green
ca9 · 2002
1 sentence

2003Thus, as we have recognized when those rights are subjected to ‘severe’ restrictions, the regulation must be ‘narrowly drawn to advance a state interest of compelling importance.’ [Citation.] But when a state election law provision imposes only ‘reasonable, nondiscriminatory restrictions’ upon the First and Fourteenth Amendment rights of voters, ‘the State’s important regulatory interests are generally sufficient to justify’ the restrictions.” ( Burdick, supra, 504 U.S. at pp. 433-434 [ 112 S.Ct. at p. 2063 ].) We emphasize that it is only when the restrictions are real and substantial, that t

12003–2003
Escobedo v. Illinois green
scotus · 1964
2 sentences

1978(See e.g., Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]; Escobedo v. Illinois (1964) 378 U.S. 478 [ 12 L.Ed.2d 977 , 84 S.Ct. 1758 ].) Accordingly, and for the reasons set forth above, the judgment appealed from should be reversed if the error committed creates a conviction in the mind of this court that it is reasonably probable a different result would have been reached if it had not been committed.

1978(See e.g., Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]; Escobedo v. Illinois (1964) 378 U.S. 478 [ 12 L.Ed.2d 977 , 84 S.Ct. 1758 ].) Accordingly, and for the reasons set forth above, the judgment appealed from should be reversed if the error committed creates a conviction in the mind of this court that it is reasonably probable a different result would have been reached if it had not been committed.

11978–1978
Chapman v. California red
scotus · 1967
2 sentences

1978(See e.g., Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]; Escobedo v. Illinois (1964) 378 U.S. 478 [ 12 L.Ed.2d 977 , 84 S.Ct. 1758 ].) Accordingly, and for the reasons set forth above, the judgment appealed from should be reversed if the error committed creates a conviction in the mind of this court that it is reasonably probable a different result would have been reached if it had not been committed. ( People v. Watson (1956) 46 Cal.2d 818 [ 299 P.2d 243 ]; cf. Chapman v. California (1967) 386 U.S. 18 [ 17 L.Ed.2d 705 , 87 S.Ct. 824 , 24 A.L.R.3d

1978(See e.g., Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]; Escobedo v. Illinois (1964) 378 U.S. 478 [ 12 L.Ed.2d 977 , 84 S.Ct. 1758 ].) Accordingly, and for the reasons set forth above, the judgment appealed from should be reversed if the error committed creates a conviction in the mind of this court that it is reasonably probable a different result would have been reached if it had not been committed. ( People v. Watson (1956) 46 Cal.2d 818 [ 299 P.2d 243 ]; cf. Chapman v. California (1967) 386 U.S. 18 [ 17 L.Ed.2d 705 , 87 S.Ct. 824 , 24 A.L.R.3d

11978–1978
Miranda v. Arizona green
scotus · 1966
2 sentences

1978(See e.g., Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]; Escobedo v. Illinois (1964) 378 U.S. 478 [ 12 L.Ed.2d 977 , 84 S.Ct. 1758 ].) Accordingly, and for the reasons set forth above, the judgment appealed from should be reversed if the error committed creates a conviction in the mind of this court that it is reasonably probable a different result would have been reached if it had not been committed.

1978(See e.g., Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]; Escobedo v. Illinois (1964) 378 U.S. 478 [ 12 L.Ed.2d 977 , 84 S.Ct. 1758 ].) Accordingly, and for the reasons set forth above, the judgment appealed from should be reversed if the error committed creates a conviction in the mind of this court that it is reasonably probable a different result would have been reached if it had not been committed.

11978–1978
People v. Watson green
cal · 1956
2 sentences

1978(See e.g., Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]; Escobedo v. Illinois (1964) 378 U.S. 478 [ 12 L.Ed.2d 977 , 84 S.Ct. 1758 ].) Accordingly, and for the reasons set forth above, the judgment appealed from should be reversed if the error committed creates a conviction in the mind of this court that it is reasonably probable a different result would have been reached if it had not been committed. ( People v. Watson (1956) 46 Cal.2d 818 [ 299 P.2d 243 ]; cf. Chapman v. California (1967) 386 U.S. 18 [ 17 L.Ed.2d 705 , 87 S.Ct. 824 , 24 A.L.R.3d

1978(See e.g., Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]; Escobedo v. Illinois (1964) 378 U.S. 478 [ 12 L.Ed.2d 977 , 84 S.Ct. 1758 ].) Accordingly, and for the reasons set forth above, the judgment appealed from should be reversed if the error committed creates a conviction in the mind of this court that it is reasonably probable a different result would have been reached if it had not been committed. ( People v. Watson (1956) 46 Cal.2d 818 [ 299 P.2d 243 ]; cf. Chapman v. California (1967) 386 U.S. 18 [ 17 L.Ed.2d 705 , 87 S.Ct. 824 , 24 A.L.R.3d

11978–1978

Where else courts name it

CA 13 (1978–2025) TX 11 (1984–2020) OH 8 (1993–2017) MI 7 (2007–2022) NH 6 (2006–2018) NY 5 (1979–2025) AL 4 (1951–2006) IL 4 (1934–2005) IA 4 (2020–2024) MA 3 (1993–1993) CO 3 (2013–2023) ME 3 (2020–2023) AK 3 (1996–2022) TN 3 (2013–2014) WA 3 (1976–2025) WV 2 (1995–2016) MN 2 (2008–2009) MT 2 (2022–2024) NM 2 (2017–2017) AZ 2 (2011–2024) VT 2 (2013–2013) WI 2 (2014–2014) NV 2 (2000–2012) NJ 2 (1926–2016) MO 2 (2006–2016) AR 2 (1959–2005) PA 2 (2019–2019)

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.

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