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13 California opinions name it 3 courts 1987–2019 0 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. Birksgreen2 sentences2019In drunk driving cases like this one, "a defendant may be charged with second degree murder upon facts which also would support a charge of vehicular manslaughter." ( Watson , supra , 30 Cal.3d at p. 299 , 179 Cal.Rptr. 43 , 637 P.2d 279 .) It is the prosecutor's role to decide what charges (and thereby what lesser included offenses) are presented to the jury. ( Hicks , supra , 4 Cal.5th at p. 211 ; Birks , supra , 19 Cal.4th at p. 134 , 77 Cal.Rptr.2d 848 , 960 P.2d 1073 .) Ortega 's"expanded" accusatory pleading test would interfere with this charging authority by requiring sua sponte instru 2019In drunk driving cases like this one, "a defendant may be charged with second degree murder upon facts which also would support a charge of vehicular manslaughter." ( Watson , supra , 30 Cal.3d at p. 299 , 179 Cal.Rptr. 43 , 637 P.2d 279 .) It is the prosecutor's role to decide what charges (and thereby what lesser included offenses) are presented to the jury. ( Hicks , supra , 4 Cal.5th at p. 211 ; Birks , supra , 19 Cal.4th at p. 134 , 77 Cal.Rptr.2d 848 , 960 P.2d 1073 .) Ortega 's"expanded" accusatory pleading test would interfere with this charging authority by requiring sua sponte instru | 4 | 6 |
People v. Hicksgreen2 sentences2019In drunk driving cases like this one, "a defendant may be charged with second degree murder upon facts which also would support a charge of vehicular manslaughter." ( Watson , supra , 30 Cal.3d at p. 299 , 179 Cal.Rptr. 43 , 637 P.2d 279 .) It is the prosecutor's role to decide what charges (and thereby what lesser included offenses) are presented to the jury. ( Hicks , supra , 4 Cal.5th at p. 211 ; Birks , supra , 19 Cal.4th at p. 134 , 77 Cal.Rptr.2d 848 , 960 P.2d 1073 .) Ortega 's"expanded" accusatory pleading test would interfere with this charging authority by requiring sua sponte instru 2019In drunk driving cases like this one, "a defendant may be charged with second degree murder upon facts which also would support a charge of vehicular manslaughter." ( Watson , supra , 30 Cal.3d at p. 299 , 179 Cal.Rptr. 43 , 637 P.2d 279 .) It is the prosecutor's role to decide what charges (and thereby what lesser included offenses) are presented to the jury. ( Hicks , supra , 4 Cal.5th at p. 211 ; Birks , supra , 19 Cal.4th at p. 134 , 77 Cal.Rptr.2d 848 , 960 P.2d 1073 .) Ortega 's"expanded" accusatory pleading test would interfere with this charging authority by requiring sua sponte instru | 2 | 2 |
People v. Brevermangreen2 sentences1998(Id. at p. 534 (dis. opn. of Richardson, J.) [predicting the Geiger rule would lead to “unsound compromise verdicts”]; see also Hopkins v. Reeves, supra, 524 U.S. at p. __ [ 118 S.Ct. at p. 1902 ] [requiring instructions on lesser related offenses “ ‘detracts from, rather than enhances, the rationality of the process.’ [Citation.]”].) Although I agree with the analysis and holding in this case, for the reasons stated in my dissenting opinion in People v. Breverman (1998) 19 Cal.4th 142, 195-202 [ 77 Cal.Rptr. 870 , 960 P.2d 1094 ], I do not subscribe to those portions of the majority opinion d 1998(Id. at p. 534 (dis. opn. of Richardson, J.) [predicting the Geiger rule would lead to “unsound compromise verdicts”]; see also Hopkins v. Reeves, supra, 524 U.S. at p. __ [ 118 S.Ct. at p. 1902 ] [requiring instructions on lesser related offenses “ ‘detracts from, rather than enhances, the rationality of the process.’ [Citation.]”].) Although I agree with the analysis and holding in this case, for the reasons stated in my dissenting opinion in People v. Breverman (1998) 19 Cal.4th 142, 195-202 [ 77 Cal.Rptr. 870 , 960 P.2d 1094 ], I do not subscribe to those portions of the majority opinion d | 2 | 2 |
People v. Geigerred2 sentences2013Regardless of prejudice to the prosecution, the defendant may insist that the jury be instructed on the lesser offense, thereby acquiring a third-option hedge against conviction of the charged offense, [f] Where lesser related offenses are concerned, the Geiger rule therefore may actually permit and encourage a one-sided use of the ‘gambling hall’ strategies we have consistently denounced.” (Birks, supra, 19 Cal.4th at p. 128, citing People v. Geiger (1984) 35 Cal.3d 510 [ 199 Cal.Rptr. 45 , 674 P.2d 1303 ].) Barrick represents an unreasoned departure from otherwise settled precedent governing 2013Regardless of prejudice to the prosecution, the defendant may insist that the jury be instructed on the lesser offense, thereby acquiring a third-option hedge against conviction of the charged offense, [f] Where lesser related offenses are concerned, the Geiger rule therefore may actually permit and encourage a one-sided use of the ‘gambling hall’ strategies we have consistently denounced.” (Birks, supra, 19 Cal.4th at p. 128, citing People v. Geiger (1984) 35 Cal.3d 510 [ 199 Cal.Rptr. 45 , 674 P.2d 1303 ].) Barrick represents an unreasoned departure from otherwise settled precedent governing | 1 | 6 |
Obrien v. Jonesgreen2 sentences2015(Cf. Obrien v. Jones (2000) 23 Cal.4th 40, 78 [ 96 Cal.Rptr.2d 205 , 999 P.2d 95 ] [generally discussing remedies for violations of separation of power].) The Birks court rejected Geiger's rule of mandatory instruction on lesser related offenses in part because it implicated the separation of powers. 2015(Cf. Obrien v. Jones (2000) 23 Cal.4th 40, 78 [ 96 Cal.Rptr.2d 205 , 999 P.2d 95 ] [generally discussing remedies for violations of separation of power].) The Birks court rejected Geiger's rule of mandatory instruction on lesser related offenses in part because it implicated the separation of powers. | 1 | 1 |
Hopkins v. Reevesgreen2 sentences1998In short, Geiger attempted to solve a nonexistent problem by imposing a requirement that was “not only unprecedented, but also unworkable.” (Hopkins v. Reeves (1998) 524 U.S. 88 , __ [ 118 S.Ct. 1895, 1901 , 141 L.Ed.2d 76 ]; see maj. opn., ante, at p. 131 [citing more than a dozen examples of the confusion wrought by the Geiger rule].) In practice, Geiger probably did more to jeopardize the “reliability of the fact finding process” (Geiger, supra, 35 Cal.3d at p. 520 ) than to protect it. 1998In short, Geiger attempted to solve a nonexistent problem by imposing a requirement that was “not only unprecedented, but also unworkable.” (Hopkins v. Reeves (1998) 524 U.S. 88 , __ [ 118 S.Ct. 1895, 1901 , 141 L.Ed.2d 76 ]; see maj. opn., ante, at p. 131 [citing more than a dozen examples of the confusion wrought by the Geiger rule].) In practice, Geiger probably did more to jeopardize the “reliability of the fact finding process” (Geiger, supra, 35 Cal.3d at p. 520 ) than to protect it. | 1 | 1 |
People v. Scottgreen2 sentences1998(See, e.g., People v. Scott (1994) 9 Cal.4th 331, 357-358 [ 36 Cal.Rptr.2d 627 , 885 P.2d 1040 ]; People v. Welch (1993) 5 Cal.4th 228, 237-238 [ 19 Cal.Rptr.2d 520 , 851 P.2d 802 ].) Indeed, defendant in this case fully preserved his Geiger claim for appeal by requesting lesser related offense instructions. 1998(See, e.g., People v. Scott (1994) 9 Cal.4th 331, 357-358 [ 36 Cal.Rptr.2d 627 , 885 P.2d 1040 ]; People v. Welch (1993) 5 Cal.4th 228, 237-238 [ 19 Cal.Rptr.2d 520 , 851 P.2d 802 ].) Indeed, defendant in this case fully preserved his Geiger claim for appeal by requesting lesser related offense instructions. | 1 | 1 |
People v. Welchgreen2 sentences1998(See, e.g., People v. Scott (1994) 9 Cal.4th 331, 357-358 [ 36 Cal.Rptr.2d 627 , 885 P.2d 1040 ]; People v. Welch (1993) 5 Cal.4th 228, 237-238 [ 19 Cal.Rptr.2d 520 , 851 P.2d 802 ].) Indeed, defendant in this case fully preserved his Geiger claim for appeal by requesting lesser related offense instructions. 1998(See, e.g., People v. Scott (1994) 9 Cal.4th 331, 357-358 [ 36 Cal.Rptr.2d 627 , 885 P.2d 1040 ]; People v. Welch (1993) 5 Cal.4th 228, 237-238 [ 19 Cal.Rptr.2d 520 , 851 P.2d 802 ].) Indeed, defendant in this case fully preserved his Geiger claim for appeal by requesting lesser related offense instructions. | 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. Watson
green
2 sentences2019In drunk driving cases like this one, "a defendant may be charged with second degree murder upon facts which also would support a charge of vehicular manslaughter." ( Watson , supra , 30 Cal.3d at p. 299 , 179 Cal.Rptr. 43 , 637 P.2d 279 .) It is the prosecutor's role to decide what charges (and thereby what lesser included offenses) are presented to the jury. ( Hicks , supra , 4 Cal.5th at p. 211 ; Birks , supra , 19 Cal.4th at p. 134 , 77 Cal.Rptr.2d 848 , 960 P.2d 1073 .) Ortega 's"expanded" accusatory pleading test would interfere with this charging authority by requiring sua sponte instru 2019In drunk driving cases like this one, "a defendant may be charged with second degree murder upon facts which also would support a charge of vehicular manslaughter." ( Watson , supra , 30 Cal.3d at p. 299 , 179 Cal.Rptr. 43 , 637 P.2d 279 .) It is the prosecutor's role to decide what charges (and thereby what lesser included offenses) are presented to the jury. ( Hicks , supra , 4 Cal.5th at p. 211 ; Birks , supra , 19 Cal.4th at p. 134 , 77 Cal.Rptr.2d 848 , 960 P.2d 1073 .) Ortega 's"expanded" accusatory pleading test would interfere with this charging authority by requiring sua sponte instru | 1 | 2019–2019 |
People v. Taylor
green
2 sentences2019This result necessarily interferes with a prosecutor's discretion to decide what charges to bring and try. ( Birks , at p. 134, 77 Cal.Rptr.2d 848 , 960 P.2d 1073 ; Hicks , at p. 211, 226 Cal.Rptr.3d 565 , 407 P.3d 409 .) Focusing on the amended information alone ( Macias , supra , 26 Cal.App.5th at p. 964 , 237 Cal.Rptr.3d 583 ; Munoz , supra , 31 Cal.App.5th at p. 158 , 242 Cal.Rptr.3d 314 ), gross vehicular manslaughter while intoxicated is a lesser related offense but not a lesser included offense of Watson murder. "[I]nstruction on a lesser related offense is proper only *238 upon the mut 2019This result necessarily interferes with a prosecutor's discretion to decide what charges to bring and try. ( Birks , at p. 134, 77 Cal.Rptr.2d 848 , 960 P.2d 1073 ; Hicks , at p. 211, 226 Cal.Rptr.3d 565 , 407 P.3d 409 .) Focusing on the amended information alone ( Macias , supra , 26 Cal.App.5th at p. 964 , 237 Cal.Rptr.3d 583 ; Munoz , supra , 31 Cal.App.5th at p. 158 , 242 Cal.Rptr.3d 314 ), gross vehicular manslaughter while intoxicated is a lesser related offense but not a lesser included offense of Watson murder. "[I]nstruction on a lesser related offense is proper only *238 upon the mut | 1 | 2019–2019 |
People v. Macias
green
2 sentences2019This result necessarily interferes with a prosecutor's discretion to decide what charges to bring and try. ( Birks , at p. 134, 77 Cal.Rptr.2d 848 , 960 P.2d 1073 ; Hicks , at p. 211, 226 Cal.Rptr.3d 565 , 407 P.3d 409 .) Focusing on the amended information alone ( Macias , supra , 26 Cal.App.5th at p. 964 , 237 Cal.Rptr.3d 583 ; Munoz , supra , 31 Cal.App.5th at p. 158 , 242 Cal.Rptr.3d 314 ), gross vehicular manslaughter while intoxicated is a lesser related offense but not a lesser included offense of Watson murder. "[I]nstruction on a lesser related offense is proper only *238 upon the mut 2019This result necessarily interferes with a prosecutor's discretion to decide what charges to bring and try. ( Birks , at p. 134, 77 Cal.Rptr.2d 848 , 960 P.2d 1073 ; Hicks , at p. 211, 226 Cal.Rptr.3d 565 , 407 P.3d 409 .) Focusing on the amended information alone ( Macias , supra , 26 Cal.App.5th at p. 964 , 237 Cal.Rptr.3d 583 ; Munoz , supra , 31 Cal.App.5th at p. 158 , 242 Cal.Rptr.3d 314 ), gross vehicular manslaughter while intoxicated is a lesser related offense but not a lesser included offense of Watson murder. "[I]nstruction on a lesser related offense is proper only *238 upon the mut | 1 | 2019–2019 |
People v. Munoz
green
2 sentences2019This result necessarily interferes with a prosecutor's discretion to decide what charges to bring and try. ( Birks , at p. 134, 77 Cal.Rptr.2d 848 , 960 P.2d 1073 ; Hicks , at p. 211, 226 Cal.Rptr.3d 565 , 407 P.3d 409 .) Focusing on the amended information alone ( Macias , supra , 26 Cal.App.5th at p. 964 , 237 Cal.Rptr.3d 583 ; Munoz , supra , 31 Cal.App.5th at p. 158 , 242 Cal.Rptr.3d 314 ), gross vehicular manslaughter while intoxicated is a lesser related offense but not a lesser included offense of Watson murder. "[I]nstruction on a lesser related offense is proper only *238 upon the mut 2019This result necessarily interferes with a prosecutor's discretion to decide what charges to bring and try. ( Birks , at p. 134, 77 Cal.Rptr.2d 848 , 960 P.2d 1073 ; Hicks , at p. 211, 226 Cal.Rptr.3d 565 , 407 P.3d 409 .) Focusing on the amended information alone ( Macias , supra , 26 Cal.App.5th at p. 964 , 237 Cal.Rptr.3d 583 ; Munoz , supra , 31 Cal.App.5th at p. 158 , 242 Cal.Rptr.3d 314 ), gross vehicular manslaughter while intoxicated is a lesser related offense but not a lesser included offense of Watson murder. "[I]nstruction on a lesser related offense is proper only *238 upon the mut | 1 | 2019–2019 |
People v. Miller
green
2 sentences2003(See People v. Geiger (1984) 35 Cal.3d 510 , 528 ; People v. Miller (1994) 28 Cal.App.4th 522 , 527 .) The Geiger rule requiring instruction on lesser related offenses is defunct. 2003(See People v. Geiger (1984) 35 Cal.3d 510 , 528 ; People v. Miller (1994) 28 Cal.App.4th 522 , 527 .) The Geiger rule requiring instruction on lesser related offenses is defunct. | 1 | 2003–2003 |
People v. Cuevas
green
2 sentences1998Defendant does not suggest his case would have been conducted differently absent the Geiger rule (see Cuevas, supra, at p. 276 , 48 Cal.Rptr.2d 135 , 906 P.2d 1290 ), and neither he nor any other defendant could easily make such a claim. 1998Defendant does not suggest his case would have been conducted differently absent the Geiger rule (see Cuevas, supra, at p. 276 , 48 Cal.Rptr.2d 135 , 906 P.2d 1290 ), and neither he nor any other defendant could easily make such a claim. | 1 | 1998–1998 |
People v. Barton
green
2 sentences1998Martin (1970) 1 Cal.3d 524, 533 , 83 Cal.Rptr. 166 , 463 P.2d 390 .) Within the last three years, we have confirmed in particular that the defendant 's tactical objections cannot prevent the giving of instructions on lesser necessarily included offenses supported by the evidence. ( Barton, supra, 12 Cal.4th at pp. 196-198, 47 Cal.Rptr.2d 569 , 906 P.2d 531 .) We suggested, among other things, that a contrary rule would be "unfair to the prosecution, " because it would give the defendant unilateral power to force an all-or-nothing verdict when the trial evidence constituted less than conclusive 1998Martin (1970) 1 Cal.3d 524, 533 , 83 Cal.Rptr. 166 , 463 P.2d 390 .) Within the last three years, we have confirmed in particular that the defendant 's tactical objections cannot prevent the giving of instructions on lesser necessarily included offenses supported by the evidence. ( Barton, supra, 12 Cal.4th at pp. 196-198, 47 Cal.Rptr.2d 569 , 906 P.2d 531 .) We suggested, among other things, that a contrary rule would be "unfair to the prosecution, " because it would give the defendant unilateral power to force an all-or-nothing verdict when the trial evidence constituted less than conclusive | 1 | 1998–1998 |
People v. St. Martin
green
2 sentences1998Martin (1970) 1 Cal.3d 524, 533 , 83 Cal.Rptr. 166 , 463 P.2d 390 .) Within the last three years, we have confirmed in particular that the defendant 's tactical objections cannot prevent the giving of instructions on lesser necessarily included offenses supported by the evidence. ( Barton, supra, 12 Cal.4th at pp. 196-198, 47 Cal.Rptr.2d 569 , 906 P.2d 531 .) We suggested, among other things, that a contrary rule would be "unfair to the prosecution, " because it would give the defendant unilateral power to force an all-or-nothing verdict when the trial evidence constituted less than conclusive 1998Martin (1970) 1 Cal.3d 524, 533 , 83 Cal.Rptr. 166 , 463 P.2d 390 .) Within the last three years, we have confirmed in particular that the defendant 's tactical objections cannot prevent the giving of instructions on lesser necessarily included offenses supported by the evidence. ( Barton, supra, 12 Cal.4th at pp. 196-198, 47 Cal.Rptr.2d 569 , 906 P.2d 531 .) We suggested, among other things, that a contrary rule would be "unfair to the prosecution, " because it would give the defendant unilateral power to force an all-or-nothing verdict when the trial evidence constituted less than conclusive | 1 | 1998–1998 |
People v. Latimer
green
2 sentences1998There has been no legislative reliance (cf. Latimer, supra, at p. 1214 , 23 Cal. Rptr.2d 144 , 858 P.2d 611 , and cases cited) on the Geiger rule, and we can conceive of no institutional or societal reliance so deeply rooted that such a change in the law would cause widespread inconvenience or harm. 1998There has been no legislative reliance (cf. Latimer, supra, at p. 1214 , 23 Cal. Rptr.2d 144 , 858 P.2d 611 , and cases cited) on the Geiger rule, and we can conceive of no institutional or societal reliance so deeply rooted that such a change in the law would cause widespread inconvenience or harm. | 1 | 1998–1998 |
People v. Blevins
green
2 sentences1993Quoting People v. Blevins (1990) 220 Cal.App.3d 1413 at page 1417 [ 270 Cal.Rptr. 172 ], we concluded, “[T]he second prerequisite is established when the evidence offered by either side [which would support the giving of instructions on a lesser related offense] is relevant to and was admitted for the purpose of establishing whether the defendant is guilty [vel non] of the charged offense.” (Farrow, supra, 13 Cal.App.4th at p. 1623 , italics omitted.) We noted that *1258 the actual wording of Geiger's “closely related” criterion focused “on the evidence adduced at trial to establish whether th 1993Quoting People v. Blevins (1990) 220 Cal.App.3d 1413 at page 1417 [ 270 Cal.Rptr. 172 ], we concluded, “[T]he second prerequisite is established when the evidence offered by either side [which would support the giving of instructions on a lesser related offense] is relevant to and was admitted for the purpose of establishing whether the defendant is guilty [vel non] of the charged offense.” (Farrow, supra, 13 Cal.App.4th at p. 1623 , italics omitted.) We noted that *1258 the actual wording of Geiger's “closely related” criterion focused “on the evidence adduced at trial to establish whether th | 1 | 1993–1993 |
People v. Farrow
green
2 sentences1993In People v. Farrow (1993) 13 Cal.App.4th 1606 [ 16 Cal.Rptr.2d 844 ], we recently discussed how to determine whether the second prong of the Geiger test has been met. 1993In People v. Farrow (1993) 13 Cal.App.4th 1606 [ 16 Cal.Rptr.2d 844 ], we recently discussed how to determine whether the second prong of the Geiger test has been met. | 1 | 1993–1993 |
People v. Toro
green
2 sentences1990(People v. Toro, supra, 47 Cal.3d at p. 974 .) Viewed in this manner, we conclude that Blevins cannot satisfy this prong of the Geiger test. 1990(People v. Toro, supra, 47 Cal.3d at p. 974 .) Viewed in this manner, we conclude that Blevins cannot satisfy this prong of the Geiger test. | 1 | 1990–1990 |
People v. Brooks
green
2 sentences1988Such a law would accomplish a broader waiver than that specified in Penal Code section 805, subdivision (b) for lesser included offenses. ([People v. Brooks (1942) 50 Cal.App.2d 610 [ 123 P.2d 556 ].) I consider the distinction appropriate because a defendant need not move a muscle in order to secure instructions on lesser included offenses whereas a Geiger motion entails an affirmative step, analogous to a motion for new trial or an appeal, which as a matter of common sense connotes a waiver of the statute of limitations. 1988Such a law would accomplish a broader waiver than that specified in Penal Code section 805, subdivision (b) for lesser included offenses. ([People v. Brooks (1942) 50 Cal.App.2d 610 [ 123 P.2d 556 ].) I consider the distinction appropriate because a defendant need not move a muscle in order to secure instructions on lesser included offenses whereas a Geiger motion entails an affirmative step, analogous to a motion for new trial or an appeal, which as a matter of common sense connotes a waiver of the statute of limitations. | 1 | 1988–1988 |
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.