cumulative effect error (California) · Go Syfert
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cumulative effect error in California

13 California opinions name it 2 courts 1978–2023 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.

Followed or applied (10)

CaseFollowedCited
People v. Ochoagreen
cal · 1999 · cited in 1 California opinions naming this issue, 2020–2020
1 sentence

2020We reject this claim as well.” (People v. Ochoa (1998) 19 Cal.4th 353, 435 (Ochoa).) Defendant makes the following argument concerning the cumulative effect of defense counsel’s asserted deficiencies: “[Defendant] is not saying counsel’s separate acts were separately harmless, but rather combined effect contributed to the adverse result.

11
People v. Jablonskigreen
cal · 2006 · cited in 1 California opinions naming this issue, 2007–2007
2 sentences

2007However, as defendant "has demonstrated few errors, and we have already found such errors or possible errors harmless, either individually or cumulative, `we likewise conclude that their cumulative effect does not warrant reversal of the judgment' ( People v. Panah, supra, 35 Cal.4th at pp. 479-480 [ 25 Cal.Rptr.3d 672 , 107 P.3d 790 ].)" ( People v. Jablonski supra, 37 Cal.4th at p. 837, 38 Cal.Rptr.3d 98 , 126 P.3d 938 .) Defendant also argues that, were we to set aside any conviction or special circumstance finding, the entire matter must be remanded for a new sentencing hearing.

2007However, as defendant "has demonstrated few errors, and we have already found such errors or possible errors harmless, either individually or cumulative, `we likewise conclude that their cumulative effect does not warrant reversal of the judgment' ( People v. Panah, supra, 35 Cal.4th at pp. 479-480 [ 25 Cal.Rptr.3d 672 , 107 P.3d 790 ].)" ( People v. Jablonski supra, 37 Cal.4th at p. 837, 38 Cal.Rptr.3d 98 , 126 P.3d 938 .) Defendant also argues that, were we to set aside any conviction or special circumstance finding, the entire matter must be remanded for a new sentencing hearing.

11
People v. Welchgreen
cal · 1999 · cited in 1 California opinions naming this issue, 2001–2001
2 sentences

2001Such error as did occur, viewed cumulatively, “did not significantly influence the fairness of defendant’s trial or detrimentally affect the jury’s determination of the appropriate penalty.” (People v. Sanchez, supra, 12 Cal.4th 1, 84 ; see People v. Welch (1999) 20 Cal.4th 701, 775 [ 85 Cal.Rptr.2d 203 , 976 P.2d 754 ].) 7.

2001Such error as did occur, viewed cumulatively, “did not significantly influence the fairness of defendant’s trial or detrimentally affect the jury’s determination of the appropriate penalty.” (People v. Sanchez, supra, 12 Cal.4th 1, 84 ; see People v. Welch (1999) 20 Cal.4th 701, 775 [ 85 Cal.Rptr.2d 203 , 976 P.2d 754 ].) 7.

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 California opinions naming this issue, 1996–1996
2 sentences

1996(In re Sixto (1989) 48 Cal.3d 1247, 1264-1266 [ 259 Cal.Rptr. 491 , 774 P.2d 164 ]; In re Cordero, supra, 46 Cal.3d 161, 180 ; see also People v. Ledesma, supra, 43 Cal.3d 171, 191-227 [cumulative error held to be prejudicial in habeas corpus proceedings consolidated with the defendant’s appeal].) In examining whether the cumulative effect of defense counsel’s errors at the guilt phase of the trial undermines our confidence in the outcome under the standard set forth in Strickland v. Washington, supra, 466 U.S. 668, 694 [ 80 L.Ed.2d 674, 697-698 ], our analysis is framed by those specific cont

1996(In re Sixto (1989) 48 Cal.3d 1247, 1264-1266 [ 259 Cal.Rptr. 491 , 774 P.2d 164 ]; In re Cordero, supra, 46 Cal.3d 161, 180 ; see also People v. Ledesma, supra, 43 Cal.3d 171, 191-227 [cumulative error held to be prejudicial in habeas corpus proceedings consolidated with the defendant’s appeal].) In examining whether the cumulative effect of defense counsel’s errors at the guilt phase of the trial undermines our confidence in the outcome under the standard set forth in Strickland v. Washington, supra, 466 U.S. 668, 694 [ 80 L.Ed.2d 674, 697-698 ], our analysis is framed by those specific cont

11
In Re Sixtogreen
cal · 1989 · cited in 1 California opinions naming this issue, 1996–1996
2 sentences

1996(In re Sixto (1989) 48 Cal.3d 1247, 1264-1266 [ 259 Cal.Rptr. 491 , 774 P.2d 164 ]; In re Cordero, supra, 46 Cal.3d 161, 180 ; see also People v. Ledesma, supra, 43 Cal.3d 171, 191-227 [cumulative error held to be prejudicial in habeas corpus proceedings consolidated with the defendant’s appeal].) In examining whether the cumulative effect of defense counsel’s errors at the guilt phase of the trial undermines our confidence in the outcome under the standard set forth in Strickland v. Washington, supra, 466 U.S. 668, 694 [ 80 L.Ed.2d 674, 697-698 ], our analysis is framed by those specific cont

1996(In re Sixto (1989) 48 Cal.3d 1247, 1264-1266 [ 259 Cal.Rptr. 491 , 774 P.2d 164 ]; In re Cordero, supra, 46 Cal.3d 161, 180 ; see also People v. Ledesma, supra, 43 Cal.3d 171, 191-227 [cumulative error held to be prejudicial in habeas corpus proceedings consolidated with the defendant’s appeal].) In examining whether the cumulative effect of defense counsel’s errors at the guilt phase of the trial undermines our confidence in the outcome under the standard set forth in Strickland v. Washington, supra, 466 U.S. 668, 694 [ 80 L.Ed.2d 674, 697-698 ], our analysis is framed by those specific cont

11
People v. Ledesmagreen
cal · 1987 · cited in 1 California opinions naming this issue, 1996–1996
1 sentence

1996(In re Sixto (1989) 48 Cal.3d 1247, 1264-1266 [ 259 Cal.Rptr. 491 , 774 P.2d 164 ]; In re Cordero, supra, 46 Cal.3d 161, 180 ; see also People v. Ledesma, supra, 43 Cal.3d 171, 191-227 [cumulative error held to be prejudicial in habeas corpus proceedings consolidated with the defendant’s appeal].) In examining whether the cumulative effect of defense counsel’s errors at the guilt phase of the trial undermines our confidence in the outcome under the standard set forth in Strickland v. Washington, supra, 466 U.S. 668, 694 [ 80 L.Ed.2d 674, 697-698 ], our analysis is framed by those specific cont

11
Citizens to Preserve the Ojai v. County of Venturagreen
calctapp · 1985 · cited in 1 California opinions naming this issue, 1994–1994
1 sentence

1994Resources Code, § 21083, subd. (b); State CEQA Guidelines, §§ 15130, 11 15355.) The term “ ‘[cumulative impacts’ refer[s] to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.” (State CEQA Guidelines, § 15355.) If an identified cumulative impact is not determined to be significant, an EIR is “required to at least briefly state and explain such conclusion.” (Citizens to Preserve the Ojai v. County of Ventura (1985) 176 Cal.App.3d 421, 432 [222 *740 Cal.Rptr. 247].) The importance of the cumulative effect an

11
Las Virgenes Homeowners Federation, Inc. v. County of Los Angelesgreen
calctapp · 1986 · cited in 1 California opinions naming this issue, 1994–1994
2 sentences

1994Resources Code, § 21083, subd. (b); State CEQA Guidelines, §§ 15130, 11 15355.) The term “ ‘[cumulative impacts’ refer[s] to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.” (State CEQA Guidelines, § 15355.) If an identified cumulative impact is not determined to be significant, an EIR is “required to at least briefly state and explain such conclusion.” (Citizens to Preserve the Ojai v. County of Ventura (1985) 176 Cal.App.3d 421, 432 [222 *740 Cal.Rptr. 247].) The importance of the cumulative effect an

1994Resources Code, § 21083, subd. (b); State CEQA Guidelines, §§ 15130, 11 15355.) The term “ ‘[cumulative impacts’ refer[s] to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.” (State CEQA Guidelines, § 15355.) If an identified cumulative impact is not determined to be significant, an EIR is “required to at least briefly state and explain such conclusion.” (Citizens to Preserve the Ojai v. County of Ventura (1985) 176 Cal.App.3d 421, 432 [222 *740 Cal.Rptr. 247].) The importance of the cumulative effect an

11
People v. Hatchettgreen
calctapp · 1944 · cited in 1 California opinions naming this issue, 1978–1978
2 sentences

1978Although in a proper case this is a ground for reversal (see People v. Buffum (1953) 40 Cal.2d 709, 726 [ 256 P.2d 317 ]; People v. Hatchett (1944) 63 Cal.App.2d 144, 152 [ 146 P.2d 469 ]), this is not such a case.

1978Although in a proper case this is a ground for reversal (see People v. Buffum (1953) 40 Cal.2d 709, 726 [ 256 P.2d 317 ]; People v. Hatchett (1944) 63 Cal.App.2d 144, 152 [ 146 P.2d 469 ]), this is not such a case.

11
People v. Buffumgreen
cal · 1953 · cited in 1 California opinions naming this issue, 1978–1978
2 sentences

1978Although in a proper case this is a ground for reversal (see People v. Buffum (1953) 40 Cal.2d 709, 726 [ 256 P.2d 317 ]; People v. Hatchett (1944) 63 Cal.App.2d 144, 152 [ 146 P.2d 469 ]), this is not such a case.

1978Although in a proper case this is a ground for reversal (see People v. Buffum (1953) 40 Cal.2d 709, 726 [ 256 P.2d 317 ]; People v. Hatchett (1944) 63 Cal.App.2d 144, 152 [ 146 P.2d 469 ]), this is not such a case.

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 (8)

CaseCitedYears
People v. Sturm green
cal · 2006
2 sentences

2021Further, the case defendant relies upon for the proposition that cumulative error may be reviewed under the Chapman standard of harmless error, People v. Sturm (2006) 37 Cal.4th 1218, 1244 , does not stand for that proposition.

2021Further, the case defendant relies upon for the proposition that cumulative error may be reviewed under the Chapman standard of harmless error, People v. Sturm (2006) 37 Cal.4th 1218, 1244 , does not stand for that proposition.

22021–2021
People v. Panah green
cal · 2005
2 sentences

2007However, as defendant "has demonstrated few errors, and we have already found such errors or possible errors harmless, either individually or cumulative, `we likewise conclude that their cumulative effect does not warrant reversal of the judgment' ( People v. Panah, supra, 35 Cal.4th at pp. 479-480 [ 25 Cal.Rptr.3d 672 , 107 P.3d 790 ].)" ( People v. Jablonski supra, 37 Cal.4th at p. 837, 38 Cal.Rptr.3d 98 , 126 P.3d 938 .) Defendant also argues that, were we to set aside any conviction or special circumstance finding, the entire matter must be remanded for a new sentencing hearing.

2007However, as defendant "has demonstrated few errors, and we have already found such errors or possible errors harmless, either individually or cumulative, `we likewise conclude that their cumulative effect does not warrant reversal of the judgment' ( People v. Panah, supra, 35 Cal.4th at pp. 479-480 [ 25 Cal.Rptr.3d 672 , 107 P.3d 790 ].)" ( People v. Jablonski supra, 37 Cal.4th at p. 837, 38 Cal.Rptr.3d 98 , 126 P.3d 938 .) Defendant also argues that, were we to set aside any conviction or special circumstance finding, the entire matter must be remanded for a new sentencing hearing.

22006–2007
In re Jones green
cal · 1996
1 sentence

2023(In re Jones (1996) 13 Cal.4th 552, 583 .)6 2.

12023–2023
People v. Schmeck green
cal · 2005
1 sentence

2014Claims of Constitutional and Cumulative Error In view of our conclusions rejecting the claims of error, we also reject contentions that the claimed errors (1) violate federal and state constitutional rights to due process and a fair trial (see People v. Schmeck (2005) 37 Cal.4th 240, 288 ), and (2) created a cumulative effect of error requiring reversal.

12014–2014
People v. Hill green
calctapp · 1998
1 sentence

2014The California Supreme Court has instructed that “a series of trial errors, though independently harmless, may in some circumstances rise by accretion to the level of reversible and prejudicial error.” (People v. Hill (1998) 17 Cal.4th 800, 844 .) In the present case, we have determined that none of the above claimed actions on the part of the court were prejudicial error.

12014–2014
El-Attar v. Hollywood Presbyterian Medical Center green
cal · 2013
1 sentence

2013(See El-Attar, supra, 56 Cal.4th at p. 997 .) Appellant now urges us to consider the cumulative effect of that violation in the context of other alleged violations.

12013–2013
People v. Sanchez green
cal · 1995
1 sentence

2001Such error as did occur, viewed cumulatively, “did not significantly influence the fairness of defendant’s trial or detrimentally affect the jury’s determination of the appropriate penalty.” (People v. Sanchez, supra, 12 Cal.4th 1, 84 ; see People v. Welch (1999) 20 Cal.4th 701, 775 [ 85 Cal.Rptr.2d 203 , 976 P.2d 754 ].) 7.

12001–2001
In Re Cordero green
cal · 1988
1 sentence

1996(In re Sixto (1989) 48 Cal.3d 1247, 1264-1266 [ 259 Cal.Rptr. 491 , 774 P.2d 164 ]; In re Cordero, supra, 46 Cal.3d 161, 180 ; see also People v. Ledesma, supra, 43 Cal.3d 171, 191-227 [cumulative error held to be prejudicial in habeas corpus proceedings consolidated with the defendant’s appeal].) In examining whether the cumulative effect of defense counsel’s errors at the guilt phase of the trial undermines our confidence in the outcome under the standard set forth in Strickland v. Washington, supra, 466 U.S. 668, 694 [ 80 L.Ed.2d 674, 697-698 ], our analysis is framed by those specific cont

11996–1996

Statutes the citing opinions construe

CA § Cal. Penal Code § 187 (5) CA § Cal. Evidence Code § 210 (3)

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.

Where else courts name it

KS 124 (1992–2024) AL 40 (1999–2026) PA 19 (2008–2026) NY 17 (1998–2025) TX 17 (1974–2024) OH 16 (1991–2025) IL 15 (1974–2022) CA 13 (1978–2023) MI 5 (2015–2025) WI 5 (1954–2024) IA 5 (1996–2024) TN 5 (1988–2024) FL 5 (1989–2013) IN 4 (2012–2018) MS 4 (2000–2005) WV 4 (1980–2023) AZ 4 (1992–2026) NJ 3 (1975–1996) KY 3 (1958–2026) MN 3 (1984–2006) ND 2 (2011–2011) MA 2 (1999–2024) MD 2 (2020–2021) GA 2 (2016–2021) WA 2 (2016–2024) MO 2 (1973–1983) SD 2 (1990–1995)

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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