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12 California opinions name it 1 courts 2001–2026 5 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 |
|---|---|---|
In Re Nada R.green2 sentences2022(In re N.M. (2008) 161 Cal.App.4th 253 , 270 citing In re Nada R. (2001) 89 Cal.App.4th 1166, 1180 .) A court may reject a claim of ineffective counsel if the party fails to show the result would have been more favorable but for trial counsel’s failings. 2021(In re Kristin H., supra, 46 Cal.App.4th at p. 1668 .) “A court need not evaluate whether counsel’s performance was deficient before examining the prejudice suffered by [appellant]. [Citations.] Thus, a court may reject a claim if the party fails to demonstrate that but for trial counsel’s failings, the result would have been more favorable to the [appellant].” (In re Nada R. (2001) 89 Cal.App.4th 1166, 1180 .) 3 We may dismiss a writ petition where, as here, the petitioner fails to identify the error(s) he or she believes the juvenile court made and to support each alleged error with argument | 1 | 4 |
Strickland v. Washingtongreen2 sentences2013(Strickland v. Washington (1984) 466 U.S. 668, 687-688 .) A reasonable probability is one that is "sufficient to undermine confidence in the outcome." (Id. at p. 694.) A court may reject a claim of ineffective assistance of counsel if it finds either that counsel's performance was reasonable, or that the defendant has failed to demonstrate prejudice. 2001(Strickland v. Washington, supra, 466 U.S. 668, 697 [ 104 S.Ct. 2052, 2069-2070 ].) Thus, a court may reject a claim if the party fails to demonstrate that but for trial counsel’s failings, the result would have been more favorable to the defendant. | 1 | 3 |
Levy-Zentner Co. v. SOUTHERN PAC. TRANSPORTATIONgreen2 sentences2013Transportation Co. (1977) 74 Cal.App.3d 762, 782 [ 142 Cal.Rptr. 1 ]), and need not correct the instruction unless the failure to do so would deny the jury guidance on a fundamental legal principle applicable to the case (Paverud v. Niagara Machine & Tool Works (1987) 189 Cal.App.3d 858, 863 [ 234 Cal.Rptr. 585 ], overruled on another ground in Soule v. General Motors Corp., supra, 8 Cal.4th at p. 572 ). 2013Transportation Co. (1977) 74 Cal.App.3d 762, 782 ), and need not correct the instruction unless the failure to do so would deny the jury guidance on a fundamental legal principle applicable to the case (Paverud v. Niagara Machine & Tool Works (1987) 189 Cal.App.3d 858, 863 , overruled on another ground in Soule v. General Motors Corp., supra, 8 Cal.App.4th at p. 572). | 1 | 2 |
Paverud v. Niagara MacHine & Tool Worksgreen2 sentences2013Transportation Co. (1977) 74 Cal.App.3d 762, 782 [ 142 Cal.Rptr. 1 ]), and need not correct the instruction unless the failure to do so would deny the jury guidance on a fundamental legal principle applicable to the case (Paverud v. Niagara Machine & Tool Works (1987) 189 Cal.App.3d 858, 863 [ 234 Cal.Rptr. 585 ], overruled on another ground in Soule v. General Motors Corp., supra, 8 Cal.4th at p. 572 ). 2013Transportation Co. (1977) 74 Cal.App.3d 762, 782 ), and need not correct the instruction unless the failure to do so would deny the jury guidance on a fundamental legal principle applicable to the case (Paverud v. Niagara Machine & Tool Works (1987) 189 Cal.App.3d 858, 863 , overruled on another ground in Soule v. General Motors Corp., supra, 8 Cal.App.4th at p. 572). | 1 | 2 |
Soule v. General Motors Corp.green2 sentences2013Generally, a directed verdict is proper on a defense if there is insufficient evidence to support the defense. 4 Furthermore, although a defendant is entitled upon request to correct instructions on any defense shown by the evidence (Soule v. General Motors Corp. (1994) 8 Cal.4th 548, 572 [ 34 Cal.Rptr.2d 607 , 882 P.2d 298 ]), the court may reject an instruction that contains incorrect statements of law (Levy-Zentner Co. v. Southern Pac. 2013Generally, a directed verdict is proper on a defense if there is insufficient evidence to support the defense.4 Furthermore, although a defendant is entitled upon request to correct 3 On appeal, JCI does not contend that any employer of William Pfeifer other than the Navy was a sophisticated user. 4 “A directed verdict may be granted only when, disregarding conflicting evidence, giving the evidence of the party against whom the motion is directed all (Fn. continued on next page.) 20 instructions on any defense shown by the evidence, (Soule v. General Motors Corp. (1994) 8 Cal.4th 548, 572 ), t | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Nm
green
2 sentences2026“Under the standard test for a claim 28 of ineffective assistance of counsel, father is required to demonstrate both that counsel’s representation fell below an objective standard of reasonableness and resulting prejudice.” (In re N.M. (2008) 161 Cal.App.4th 253 , 270.) “A court may reject a claim of ineffective counsel if the party fails to show the result would have been more favorable but for trial counsel’s failings.” (Ibid.) Father has not demonstrated that he was prejudiced by his counsel’s failure to seek presumed father status in S.M.’s case. 2022(In re N.M. (2008) 161 Cal.App.4th 253 , 270 citing In re Nada R. (2001) 89 Cal.App.4th 1166, 1180 .) A court may reject a claim of ineffective counsel if the party fails to show the result would have been more favorable but for trial counsel’s failings. | 2 | 2022–2026 |
People v. Hayes
green
1 sentence2021(People v. Price (1991) 1 Cal.4th 324, 440 ; People v. Hayes (1990) 52 Cal.3d 577, 607-608 .) A trial court considering a section 1118.1 motion for acquittal applies the same standard as an appellate court reviewing a judgment of conviction: “whether there is substantial evidence of the existence of each element of the offense charged.” (People v. Wong (1973) 35 Cal.App.3d 812, 828 .) 6 As we have discussed ante, there was substantial evidence presented in the People’s case-in-chief, which was sufficient to support the jury’s rational inferences that defendant had constructive possession of th | 1 | 2021–2021 |
People v. Wong
green
1 sentence2021(People v. Price (1991) 1 Cal.4th 324, 440 ; People v. Hayes (1990) 52 Cal.3d 577, 607-608 .) A trial court considering a section 1118.1 motion for acquittal applies the same standard as an appellate court reviewing a judgment of conviction: “whether there is substantial evidence of the existence of each element of the offense charged.” (People v. Wong (1973) 35 Cal.App.3d 812, 828 .) 6 As we have discussed ante, there was substantial evidence presented in the People’s case-in-chief, which was sufficient to support the jury’s rational inferences that defendant had constructive possession of th | 1 | 2021–2021 |
In Re Kristin H.
green
1 sentence2021(In re Kristin H., supra, 46 Cal.App.4th at p. 1668 .) “A court need not evaluate whether counsel’s performance was deficient before examining the prejudice suffered by [appellant]. [Citations.] Thus, a court may reject a claim if the party fails to demonstrate that but for trial counsel’s failings, the result would have been more favorable to the [appellant].” (In re Nada R. (2001) 89 Cal.App.4th 1166, 1180 .) 3 We may dismiss a writ petition where, as here, the petitioner fails to identify the error(s) he or she believes the juvenile court made and to support each alleged error with argument | 1 | 2021–2021 |
People v. Price
red
1 sentence2021(People v. Price (1991) 1 Cal.4th 324, 440 ; People v. Hayes (1990) 52 Cal.3d 577, 607-608 .) A trial court considering a section 1118.1 motion for acquittal applies the same standard as an appellate court reviewing a judgment of conviction: “whether there is substantial evidence of the existence of each element of the offense charged.” (People v. Wong (1973) 35 Cal.App.3d 812, 828 .) 6 As we have discussed ante, there was substantial evidence presented in the People’s case-in-chief, which was sufficient to support the jury’s rational inferences that defendant had constructive possession of th | 1 | 2021–2021 |
People v. Gray
green
1 sentence2021Defendant thus bears the burden of establishing constitutionally inadequate assistance of counsel.’ ” (People v. Gray (2005) 37 Cal.4th 168, 207 .) If the second prong of prejudice 21 is not established, the court may reject the claim without analyzing the first prong. | 1 | 2021–2021 |
People v. Kipp
green
1 sentence2021(People v. Kipp (1998) 18 Cal.4th 349 , 366–367.) Ineffective assistance claims may be raised and decided on direct appeal, and they can be found meritorious when the record reveals that counsel did not or could not have a reasonable strategic reason for the challenged action or inaction. | 1 | 2021–2021 |
People v. Cain
green
2 sentences2001The test for ineffective counsel is twofold: (1) counsel's representation falls below an objective standard of reasonableness and (2) the deficiency subjects defendant to demonstrable prejudice. ( People v. Cain (1995) 10 Cal.4th 1, 28 , 40 Cal.Rptr.2d 481 , 892 P.2d 1224 , citing Strickland v. Washington (1984) 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 .) A court need not evaluate whether counsel's performance was deficient before examining prejudice suffered by defendant. ( Strickland v. Washington, supra, 466 U.S. 668, 697 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 .) Thus, a court may rej 2001The test for ineffective counsel is twofold: (1) counsel's representation falls below an objective standard of reasonableness and (2) the deficiency subjects defendant to demonstrable prejudice. ( People v. Cain (1995) 10 Cal.4th 1, 28 , 40 Cal.Rptr.2d 481 , 892 P.2d 1224 , citing Strickland v. Washington (1984) 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 .) A court need not evaluate whether counsel's performance was deficient before examining prejudice suffered by defendant. ( Strickland v. Washington, supra, 466 U.S. 668, 697 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 .) Thus, a court may rej | 1 | 2001–2001 |
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.