door inquiry (California) · Go Syfert
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door inquiry in California

12 California opinions name it 2 courts 1920–2021 1 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
In Re GAULTgreen
scotus · 1967 · cited in 1 California opinions naming this issue, 2014–2014
2 sentences

2014(John L., supra, 33 Cal.4th at pp. 165-166.) Moreover, while juveniles have been held to possess constitutional rights at the adjudicatory stage of a delinquency case on the ground that such cases are “comparable in seriousness to a felony prosecution” (In re Gault (1967) 387 U.S. 1, 36 [ 18 L.Ed.2d 527 , 87 S.Ct. 1428 ] [juvenile may be “subjected to the loss of his liberty for years”]; see In re Winship (1970) 397 U.S. 358, 366 [ 25 L.Ed.2d 368 , 90 S.Ct. 1068 ]; Breed v. Jones (1975) 421 U.S. 519, 528, 531 [ 44 L.Ed.2d 346 , 95 S.Ct. 1779 ]), wardship proceedings are not criminal cases.

2014(John L., supra, 33 Cal.4th at pp. 165-166.) Moreover, while juveniles have been held to possess constitutional rights at the adjudicatory stage of a delinquency case on the ground that such cases are “comparable in seriousness to a felony prosecution” (In re Gault (1967) 387 U.S. 1, 36 [ 18 L.Ed.2d 527 , 87 S.Ct. 1428 ] [juvenile may be “subjected to the loss of his liberty for years”]; see In re Winship (1970) 397 U.S. 358, 366 [ 25 L.Ed.2d 368 , 90 S.Ct. 1068 ]; Breed v. Jones (1975) 421 U.S. 519, 528, 531 [ 44 L.Ed.2d 346 , 95 S.Ct. 1779 ]), wardship proceedings are not criminal cases.

11
Breed v. Jonesgreen
scotus · 1975 · cited in 1 California opinions naming this issue, 2014–2014
2 sentences

2014(John L., supra, 33 Cal.4th at pp. 165-166.) Moreover, while juveniles have been held to possess constitutional rights at the adjudicatory stage of a delinquency case on the ground that such cases are “comparable in seriousness to a felony prosecution” (In re Gault (1967) 387 U.S. 1, 36 [ 18 L.Ed.2d 527 , 87 S.Ct. 1428 ] [juvenile may be “subjected to the loss of his liberty for years”]; see In re Winship (1970) 397 U.S. 358, 366 [ 25 L.Ed.2d 368 , 90 S.Ct. 1068 ]; Breed v. Jones (1975) 421 U.S. 519, 528, 531 [ 44 L.Ed.2d 346 , 95 S.Ct. 1779 ]), wardship proceedings are not criminal cases.

2014(John L., supra, 33 Cal.4th at pp. 165-166.) Moreover, while juveniles have been held to possess constitutional rights at the adjudicatory stage of a delinquency case on the ground that such cases are “comparable in seriousness to a felony prosecution” (In re Gault (1967) 387 U.S. 1, 36 [ 18 L.Ed.2d 527 , 87 S.Ct. 1428 ] [juvenile may be “subjected to the loss of his liberty for years”]; see In re Winship (1970) 397 U.S. 358, 366 [ 25 L.Ed.2d 368 , 90 S.Ct. 1068 ]; Breed v. Jones (1975) 421 U.S. 519, 528, 531 [ 44 L.Ed.2d 346 , 95 S.Ct. 1779 ]), wardship proceedings are not criminal cases.

11
In Re WINSHIPgreen
scotus · 1970 · cited in 1 California opinions naming this issue, 2014–2014
2 sentences

2014(John L., supra, 33 Cal.4th at pp. 165-166.) Moreover, while juveniles have been held to possess constitutional rights at the adjudicatory stage of a delinquency case on the ground that such cases are “comparable in seriousness to a felony prosecution” (In re Gault (1967) 387 U.S. 1, 36 [ 18 L.Ed.2d 527 , 87 S.Ct. 1428 ] [juvenile may be “subjected to the loss of his liberty for years”]; see In re Winship (1970) 397 U.S. 358, 366 [ 25 L.Ed.2d 368 , 90 S.Ct. 1068 ]; Breed v. Jones (1975) 421 U.S. 519, 528, 531 [ 44 L.Ed.2d 346 , 95 S.Ct. 1779 ]), wardship proceedings are not criminal cases.

2014(John L., supra, 33 Cal.4th at pp. 165-166.) Moreover, while juveniles have been held to possess constitutional rights at the adjudicatory stage of a delinquency case on the ground that such cases are “comparable in seriousness to a felony prosecution” (In re Gault (1967) 387 U.S. 1, 36 [ 18 L.Ed.2d 527 , 87 S.Ct. 1428 ] [juvenile may be “subjected to the loss of his liberty for years”]; see In re Winship (1970) 397 U.S. 358, 366 [ 25 L.Ed.2d 368 , 90 S.Ct. 1068 ]; Breed v. Jones (1975) 421 U.S. 519, 528, 531 [ 44 L.Ed.2d 346 , 95 S.Ct. 1779 ]), wardship proceedings are not criminal cases.

11
Pacific Fruit Express Co. v. McColgangreen
calctapp · 1944 · cited in 1 California opinions naming this issue, 1973–1973
2 sentences

1973(Pacific Fruit Express Co. v. McColgan (1944) 67 Cal.App.2d 93, 96 [ 153 P.2d 607 ].) Although the property owner believes and states his taxable interest has zero valuation, that but opens the door for the hearing just as the prayer of a complaint is sufficient to invoke jurisdiction of a court.

1973(Pacific Fruit Express Co. v. McColgan (1944) 67 Cal.App.2d 93, 96 [ 153 P.2d 607 ].) Although the property owner believes and states his taxable interest has zero valuation, that but opens the door for the hearing just as the prayer of a complaint is sufficient to invoke jurisdiction of a court.

11
People v. Selkgreen
calctapp · 1941 · cited in 1 California opinions naming this issue, 1945–1945
2 sentences

1945(People v. Selk, 46 Cal.App.2d 140, 151 [ 115 P.2d 607 ]; People v. Masolini, 107 Cal.App. 192, 195 [ 290 P. 77 ].) Hence there was no error.

1945(People v. Selk, 46 Cal.App.2d 140, 151 [ 115 P.2d 607 ]; People v. Masolini, 107 Cal.App. 192, 195 [ 290 P. 77 ].) Hence there was no error.

11
People v. Masolinigreen
calctapp · 1930 · cited in 1 California opinions naming this issue, 1945–1945
2 sentences

1945(People v. Selk, 46 Cal.App.2d 140, 151 [ 115 P.2d 607 ]; People v. Masolini, 107 Cal.App. 192, 195 [ 290 P. 77 ].) Hence there was no error.

1945(People v. Selk, 46 Cal.App.2d 140, 151 [ 115 P.2d 607 ]; People v. Masolini, 107 Cal.App. 192, 195 [ 290 P. 77 ].) Hence there was no error.

11
People v. Wilsongreen
calctapp · 1926 · cited in 1 California opinions naming this issue, 1945–1945
2 sentences

1945(People v. Wilson, 76 Cal.App. 688, 702 [ 245 P. 781 ].) Upon cross-examination appellant cannot close the door to inquiry concerning the transactions which had been suggested by his own direct examination.

1945(People v. Wilson, 76 Cal.App. 688, 702 [ 245 P. 781 ].) Upon cross-examination appellant cannot close the door to inquiry concerning the transactions which had been suggested by his own direct examination.

11
Ashley v. Riveragreen
cal · 1934 · cited in 1 California opinions naming this issue, 1944–1944
2 sentences

1944(Ashley v. Rivera, 220 Cal. 75, 79 [ 29 P.2d 199 ] ; People v. Rynette, 15 Cal.2d 731, 753 [ 104 P.2d 794 ] ; People v. Smith, 43 Cal.App. 2d. 110, 116 [ 110 P.2d 472 ].) Defendant contends that there was no evidence at the preliminary hearing of reasonable or probable cause, as required by section 995 of the Penal Code, and that therefore her motion to set aside the information was improperly denied.

1944(Ashley v. Rivera, 220 Cal. 75, 79 [ 29 P.2d 199 ] ; People v. Rynette, 15 Cal.2d 731, 753 [ 104 P.2d 794 ] ; People v. Smith, 43 Cal.App. 2d. 110, 116 [ 110 P.2d 472 ].) Defendant contends that there was no evidence at the preliminary hearing of reasonable or probable cause, as required by section 995 of the Penal Code, and that therefore her motion to set aside the information was improperly denied.

11
People v. Smithgreen
calctapp · 1941 · cited in 1 California opinions naming this issue, 1944–1944
2 sentences

1944(Ashley v. Rivera, 220 Cal. 75, 79 [ 29 P.2d 199 ] ; People v. Rynette, 15 Cal.2d 731, 753 [ 104 P.2d 794 ] ; People v. Smith, 43 Cal.App. 2d. 110, 116 [ 110 P.2d 472 ].) Defendant contends that there was no evidence at the preliminary hearing of reasonable or probable cause, as required by section 995 of the Penal Code, and that therefore her motion to set aside the information was improperly denied.

1944(Ashley v. Rivera, 220 Cal. 75, 79 [ 29 P.2d 199 ]; People v. Kynette, 15 Cal.2d 731, 753 [ 104 P.2d 794 ]; People v. Smith, 43 Cal.App.2d 110, 116 [ 110 P.2d 472 ].) [19] Defendant contends that there was no evidence at the preliminary hearing of reasonable or probable cause, as required by section 995 of the Penal Code, and that therefore her motion to set aside the information was improperly denied.

11
People v. Kynettegreen
cal · 1940 · cited in 1 California opinions naming this issue, 1944–1944
2 sentences

1944(Ashley v. Rivera, 220 Cal. 75, 79 [ 29 P.2d 199 ] ; People v. Rynette, 15 Cal.2d 731, 753 [ 104 P.2d 794 ] ; People v. Smith, 43 Cal.App. 2d. 110, 116 [ 110 P.2d 472 ].) Defendant contends that there was no evidence at the preliminary hearing of reasonable or probable cause, as required by section 995 of the Penal Code, and that therefore her motion to set aside the information was improperly denied.

1944(Ashley v. Rivera, 220 Cal. 75, 79 [ 29 P.2d 199 ] ; People v. Rynette, 15 Cal.2d 731, 753 [ 104 P.2d 794 ] ; People v. Smith, 43 Cal.App. 2d. 110, 116 [ 110 P.2d 472 ].) Defendant contends that there was no evidence at the preliminary hearing of reasonable or probable cause, as required by section 995 of the Penal Code, and that therefore her motion to set aside the information was improperly denied.

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
People v. White green
calctapp · 1959
2 sentences

1960(People v. Williams, 175 Cal.App.2d 774 [ 1 Cal.Rptr. 44 ]; People v. White, 167 Cal.App.2d 794 [ 334 P.2d 963 ].) Appellant argues that a funnel in the kitchen is normal; that a man having children might well have balloons in his possession; and that “going to the bathroom” is a “natural act” and an officer eavesdropping outside the door hearing someone “heading toward the bathroom” does not give him reasonable cause to enter the premises.

1960(People v. Williams, 175 Cal.App.2d 774 [ 1 Cal.Rptr. 44 ]; People v. White, 167 Cal.App.2d 794 [ 334 P.2d 963 ].) Appellant argues that a funnel in the kitchen is normal; that a man having children might well have balloons in his possession; and that “going to the bathroom” is a “natural act” and an officer eavesdropping outside the door hearing someone “heading toward the bathroom” does not give him reasonable cause to enter the premises.

21960–1960
People v. Williams green
calctapp · 1959
2 sentences

1960(People v. Williams, 175 Cal.App.2d 774 [ 1 Cal.Rptr. 44 ]; People v. White, 167 Cal.App.2d 794 [ 334 P.2d 963 ].) Appellant argues that a funnel in the kitchen is normal; that a man having children might well have balloons in his possession; and that “going to the bathroom” is a “natural act” and an officer eavesdropping outside the door hearing someone “heading toward the bathroom” does not give him reasonable cause to enter the premises.

1960(People v. Williams, 175 Cal.App.2d 774 [ 1 Cal.Rptr. 44 ]; People v. White, 167 Cal.App.2d 794 [ 334 P.2d 963 ].) Appellant argues that a funnel in the kitchen is normal; that a man having children might well have balloons in his possession; and that “going to the bathroom” is a “natural act” and an officer eavesdropping outside the door hearing someone “heading toward the bathroom” does not give him reasonable cause to enter the premises.

21960–1960
People v. Tufunga green
cal · 1999
1 sentence

2021Citing People v. Tufunga (1999) 21 Cal.4th 935 (Tufunga), the court 10 explained that a mere claim of ownership is not enough to open the door to a claim-of- right defense.

12021–2021
People v. Siripongs green
cal · 1988
2 sentences

2018(See People v. Ramos (1997) 15 Cal.4th 1133 , 1173, 64 Cal.Rptr.2d 892 , 938 P.2d 950 [in light of evidence of the defendant's religious recommitment, the prosecutor properly could introduce evidence of acts tending to contradict that impression]; People v. Siripongs (1988) 45 Cal.3d 548 , 578, 247 Cal.Rptr. 729 , 754 P.2d 1306 [evidence that the defendant was a " 'devout Buddhist' " opened the door to inquiry on prior convictions].) Additionally, Lopez introduced testimony from a mental health expert regarding his low IQ.

2018(See People v. Ramos (1997) 15 Cal.4th 1133 , 1173, 64 Cal.Rptr.2d 892 , 938 P.2d 950 [in light of evidence of the defendant's religious recommitment, the prosecutor properly could introduce evidence of acts tending to contradict that impression]; People v. Siripongs (1988) 45 Cal.3d 548 , 578, 247 Cal.Rptr. 729 , 754 P.2d 1306 [evidence that the defendant was a " 'devout Buddhist' " opened the door to inquiry on prior convictions].) Additionally, Lopez introduced testimony from a mental health expert regarding his low IQ.

12018–2018
People v. Ramos green
cal · 1997
2 sentences

2018(See People v. Ramos (1997) 15 Cal.4th 1133 , 1173, 64 Cal.Rptr.2d 892 , 938 P.2d 950 [in light of evidence of the defendant's religious recommitment, the prosecutor properly could introduce evidence of acts tending to contradict that impression]; People v. Siripongs (1988) 45 Cal.3d 548 , 578, 247 Cal.Rptr. 729 , 754 P.2d 1306 [evidence that the defendant was a " 'devout Buddhist' " opened the door to inquiry on prior convictions].) Additionally, Lopez introduced testimony from a mental health expert regarding his low IQ.

2018(See People v. Ramos (1997) 15 Cal.4th 1133 , 1173, 64 Cal.Rptr.2d 892 , 938 P.2d 950 [in light of evidence of the defendant's religious recommitment, the prosecutor properly could introduce evidence of acts tending to contradict that impression]; People v. Siripongs (1988) 45 Cal.3d 548 , 578, 247 Cal.Rptr. 729 , 754 P.2d 1306 [evidence that the defendant was a " 'devout Buddhist' " opened the door to inquiry on prior convictions].) Additionally, Lopez introduced testimony from a mental health expert regarding his low IQ.

12018–2018
Vinson v. Superior Court green
cal · 1987
1 sentence

1988(Vinson v. Superior Court, supra, 43 Cal.3d at p. 842 .) The court noted: “Plaintiff does not contend the alleged acts were detrimental to her present sexuality.

11988–1988
People v. Madison green
cal · 1935
1 sentence

1941(People v. Madison, 3 Cal. (2d) 668, 678 [ 46 Pac. (2d) 159 ].) None of the other claimed errors are meritorious.

11941–1941
People v. More neutral
calctapp · 1935
1 sentence

1941(People v. More, 10 Cal. App. (2d) 144, 146 [ 51 Pac. (2d) 175 ].) Inasmuch as appellant opened up the subject of difficulty in other transactions, appellant himself cannot close the door to an inquiry concerning those other transactions.

11941–1941
Lehner v. Roth green
· 1922
1 sentence

1929A. 1918F, 137, 78 South. 794 ], and cases there cited; Main v. Lehman, 294 Mo. 579 [ 243 S. W. 91 ].) Assuming, without deciding, that the door was a warning of change of levels, the plaintiff could assume the change was properly constructed.

11929–1929
Main v. Lehman green
· 1922
1 sentence

1929A. 1918F, 137, 78 South. 794 ], and cases there cited; Main v. Lehman, 294 Mo. 579 [ 243 S. W. 91 ].) Assuming, without deciding, that the door was a warning of change of levels, the plaintiff could assume the change was properly constructed.

11929–1929
Hertz v. Advertiser Co. green
ala · 1918
1 sentence

1929A. 1918F, 137, 78 South. 794 ], and cases there cited; Main v. Lehman, 294 Mo. 579 [ 243 S. W. 91 ].) Assuming, without deciding, that the door was a warning of change of levels, the plaintiff could assume the change was properly constructed.

11929–1929
People v. Mammilato green
cal · 1914
2 sentences

1920(People v. Mammilato, 168 Cal. 207 , [ 142 Pac. 58 ].) We may add that from the remarks of the court the jury must have understood that the evidence was to be considered as only bearing upon the sanity of the defendant.

1920(People v. Mammilato, 168 Cal. 207 , [ 142 Pac. 58 ].) We may add that from the remarks of the court the jury must have understood that the evidence was to be considered as only bearing upon the sanity of the defendant.

11920–1920

Where else courts name it

NY 25 (1903–2024) NJ 24 (1953–2026) IL 13 (1930–2025) CA 12 (1920–2021) TX 12 (1945–2021) MD 11 (1946–2021) FL 11 (1990–2025) MI 10 (1912–2021) OH 10 (2005–2025) VA 10 (1990–2024) CT 10 (1977–2017) MS 8 (1978–2016) TN 7 (1944–2026) IN 7 (1970–2011) UT 7 (1983–2017) NC 7 (1989–2026) GA 6 (1979–2014) MT 6 (1984–2017) OK 6 (1926–2007) MO 6 (1900–2025) WA 6 (1914–2016) PA 6 (1937–2015) MA 5 (1940–2015) HI 5 (2019–2021) SD 4 (2002–2017) LA 4 (1939–2015) AZ 4 (1978–2023) WI 4 (1920–2018) CO 4 (1972–2010) ND 3 (2015–2024) IA 3 (1921–2023) AL 3 (1962–2008) WY 3 (1997–1999) MN 3 (1984–2003) KS 3 (1966–2018) DC 3 (1997–2019) OR 2 (1902–2017) AR 2 (1925–1960) NE 2 (1910–2016) NM 2 (1997–2009) WV 2 (1996–2017)

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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