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12 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.
| Case | Followed | Cited |
|---|---|---|
People v. Faillagreen1 sentence2023But we will not reverse “ ‘merely because reasonable people might disagree.’ ” (People v. Superior Court (Alvarez) (1997) 14 Cal.4th 968, 978 .) Green thus does not present a valid basis for reversal here. 1 We do not consider Green’s argument, first raised in reply, that the victims were “not especially vulnerable.” (See People v. Failla (2006) 140 Cal.App.4th 1514, 1519, fn. 3 .) Green offers no reason for not making this argument earlier, and it conflicts with his initial position that both victims were “somewhat vulnerable.” 3 II. | 1 | 1 |
People v. Pearsongreen1 sentence2022(Pearson, supra, 38 Cal.App.5th at p. 116 [appellate court will not reverse merely because reasonable people might disagree].) The trial court did not depart from applicable legal standards here and denying defendant’s request to strike the 20-year firearm enhancement was squarely within the bounds of the court’s discretion. | 1 | 1 |
People v. Colemangreen2 sentences1991The photo of Ebora Alexander, which showed the extent of her head wound, also corroborated defendant’s statement, “I just blew the bitch’s head off.” “We have repeatedly stated that the court has wide discretion in determining the admissibility of photographs of a murder victim. [Citations.] We have previously held that a court may admit even ‘gruesome’ photographs if the evidence is highly relevant to the issues raised by the facts .... [Citation.] However, when a defendant objects that the proffered evidence is more prejudicial that probative, the record must affirmatively show that the cour 1991The photo of Ebora Alexander, which showed the extent of her head wound, also corroborated defendant's statement, "I just blew the bitch's head off." "We have repeatedly stated that the court has wide discretion in determining the admissibility of photographs of a murder victim. [Citations.] We have previously held that a court may admit even `gruesome' photographs if the evidence is highly relevant to the issues raised by the facts.... [Citation.] However, when a defendant objects that the proffered evidence is more prejudicial that probative, the record must affirmatively show that the court | 1 | 1 |
People v. Friersongreen2 sentences1988Neither of these points is persuasive on this record. (12) We have repeatedly stated that the court has wide discretion in determining the admissibility of photographs of a murder victim. ( People v. Green, supra, 27 Cal.3d 1, 19 ; People v. Frierson (1979) 25 Cal.3d 142, 171 [ 158 Cal. Rptr. 281 , 599 P.2d 587 ].) We have previously held that a court may admit even "gruesome" photographs if the evidence is highly relevant to the issues raised by the facts, or if the photograph would clarify the testimony of a medical examiner. ( People v. Murphy (1972) 8 Cal.3d 349, 365 [ 105 Cal. Rptr. 138 , 1988Neither of these points is persuasive on this record. (12) We have repeatedly stated that the court has wide discretion in determining the admissibility of photographs of a murder victim. ( People v. Green, supra, 27 Cal.3d 1, 19 ; People v. Frierson (1979) 25 Cal.3d 142, 171 [ 158 Cal. Rptr. 281 , 599 P.2d 587 ].) We have previously held that a court may admit even "gruesome" photographs if the evidence is highly relevant to the issues raised by the facts, or if the photograph would clarify the testimony of a medical examiner. ( People v. Murphy (1972) 8 Cal.3d 349, 365 [ 105 Cal. Rptr. 138 , | 1 | 1 |
People v. Murphygreen2 sentences1988(People v. Murphy (1972) 8 Cal.3d 349, 365 [ 105 Cal.Rptr. 138 , 503 P.2d 594 ].) However, when a defendant objects that the proffered evidence is more prejudicial than probative, the record must affirmatively show that the court weighed these factors, in order to allow proper appellate review of abuse of discretion claims. 1988(People v. Murphy (1972) 8 Cal.3d 349, 365 [ 105 Cal.Rptr. 138 , 503 P.2d 594 ].) However, when a defendant objects that the proffered evidence is more prejudicial than probative, the record must affirmatively show that the court weighed these factors, in order to allow proper appellate review of abuse of discretion claims. | 1 | 1 |
Sibley v. Superior Courtgreen1 sentence1978Such a balancing process was undertaken in Cornelison v. Chaney (1976) 16 Cal.3d 143, 151 [ 127 Cal.Rptr. 352 , 545 P.2d 264 ], where the court weighed such factors as “the relative availability of evidence and the burden of defense and prosecution in one place rather than another; the interest of a state in providing a forum for its residents or regulating the business involved; the ease of access to an alternative forum; the avoidance of a multiplicity of suits and conflicting adjudications; and the extent to which the cause of action arose out of defendant’s local activities.” But where, as | 1 | 1 |
Cornelison v. Chaneygreen2 sentences1978Such a balancing process was undertaken in Cornelison v. Chaney (1976) 16 Cal.3d 143, 151 [ 127 Cal.Rptr. 352 , 545 P.2d 264 ], where the court weighed such factors as “the relative availability of evidence and the burden of defense and prosecution in one place rather than another; the interest of a state in providing a forum for its residents or regulating the business involved; the ease of access to an alternative forum; the avoidance of a multiplicity of suits and conflicting adjudications; and the extent to which the cause of action arose out of defendant’s local activities.” But where, as 1978Such a balancing process was undertaken in Cornelison v. Chaney (1976) 16 Cal.3d 143, 151 [ 127 Cal.Rptr. 352 , 545 P.2d 264 ], where the court weighed such factors as “the relative availability of evidence and the burden of defense and prosecution in one place rather than another; the interest of a state in providing a forum for its residents or regulating the business involved; the ease of access to an alternative forum; the avoidance of a multiplicity of suits and conflicting adjudications; and the extent to which the cause of action arose out of defendant’s local activities.” But where, as | 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. Myers
green
2 sentences2025(People v. Myers, supra, 69 Cal.App.4th at p. 310 ; rule 4.409.) Further, the record reflects that the trial court weighed the factors before it and determined an upper term sentence was warranted in light of Soto’s dismal performance on probation and increasing criminality. 2014(People v. Myers (1999) 69 Cal.App.4th 305, 310 .) Given appellant’s prior record and the circumstances of the present offense, however, we cannot say the court’s ultimate 10 sentencing decision was so irrational or arbitrary that no reasonable person could agree with it. | 2 | 2014–2025 |
People v. Superior Court
red
1 sentence2023But we will not reverse “ ‘merely because reasonable people might disagree.’ ” (People v. Superior Court (Alvarez) (1997) 14 Cal.4th 968, 978 .) Green thus does not present a valid basis for reversal here. 1 We do not consider Green’s argument, first raised in reply, that the victims were “not especially vulnerable.” (See People v. Failla (2006) 140 Cal.App.4th 1514, 1519, fn. 3 .) Green offers no reason for not making this argument earlier, and it conflicts with his initial position that both victims were “somewhat vulnerable.” 3 II. | 1 | 2023–2023 |
In Re Marriage of LaMusga
green
1 sentence2021After hearing the evidence and arguments, the court weighed the factors under In re Marriage of LaMusga (2004) 32 Cal.4th 1072 (LaMusga) and Condon, supra, 62 Cal.App.4th 533 , and concluded it was not in the children’s best interest to transfer physical custody from Mother to Father. | 1 | 2021–2021 |
Condon v. Cooper
green
2 sentences2021After hearing the evidence and arguments, the court weighed the factors under In re Marriage of LaMusga (2004) 32 Cal.4th 1072 (LaMusga) and Condon, supra, 62 Cal.App.4th 533 , and concluded it was not in the children’s best interest to transfer physical custody from Mother to Father. 2021After hearing the evidence and arguments, the court weighed the factors under In re Marriage of LaMusga (2004) 32 Cal.4th 1072 (LaMusga) and Condon, supra, 62 Cal.App.4th 533 , and concluded it was not in the children’s best interest to transfer physical custody from Mother to Father. | 1 | 2021–2021 |
People v. Watson
green
1 sentence2020(People v. Watson (1956) 46 Cal.2d 818, 836 .) Even without the prior sex offense, the evidence of Miron’s guilt was overwhelming. | 1 | 2020–2020 |
People v. Merriman
green
1 sentence2016(See People v. Merriman (2014) 60 Cal.4th 1, 59 ; People v. Balcom (1994) 7 Cal.4th 414, 427 .) However, the trial court weighed these factors, none of which are dispositive. | 1 | 2016–2016 |
People v. Balcom
green
1 sentence2016(See People v. Merriman (2014) 60 Cal.4th 1, 59 ; People v. Balcom (1994) 7 Cal.4th 414, 427 .) However, the trial court weighed these factors, none of which are dispositive. | 1 | 2016–2016 |
People v. Williams
green
1 sentence2015The trial court weighed these factors, and determined that defendant did not “fall[] outside the spirit of the Three Strikes Law.” (See Williams, supra, 17 Cal.4th at p. 161 .) We see nothing irrational or arbitrary about that determination, and therefore find no abuse of discretion. | 1 | 2015–2015 |
United States v. David B. Mitchell
green
2 sentences1991The trial court weighed the factors specified in Barker v. Wingo, supra, 407 U.S. 514 , and, upon finding that "`the government did very little to find the defendants after each of the indictments was filed,'" ( United States v. Mitchell, supra, 769 F.2d at p. 1546 ) granted the motion. 1991The trial court weighed the factors specified in Barker v. Wingo, supra, 407 U.S. 514 , and, upon finding that “ ‘the government did very little to find the defendants after each of the indictments was filed,’ ” (United States v. Mitchell, supra, 769 F.2d at p. 1546 ) granted the motion. | 1 | 1991–1991 |
Barker v. Wingo
green
2 sentences1991The trial court weighed the factors specified in Barker v. Wingo, supra, 407 U.S. 514 , and, upon finding that "`the government did very little to find the defendants after each of the indictments was filed,'" ( United States v. Mitchell, supra, 769 F.2d at p. 1546 ) granted the motion. 1991The trial court weighed the factors specified in Barker v. Wingo, supra, 407 U.S. 514 , and, upon finding that “ ‘the government did very little to find the defendants after each of the indictments was filed,’ ” (United States v. Mitchell, supra, 769 F.2d at p. 1546 ) granted the motion. | 1 | 1991–1991 |
People v. Green
yellow
2 sentences1988Neither of these points is persuasive on this record. (12) We have repeatedly stated that the court has wide discretion in determining the admissibility of photographs of a murder victim. ( People v. Green, supra, 27 Cal.3d 1, 19 ; People v. Frierson (1979) 25 Cal.3d 142, 171 [ 158 Cal. Rptr. 281 , 599 P.2d 587 ].) We have previously held that a court may admit even "gruesome" photographs if the evidence is highly relevant to the issues raised by the facts, or if the photograph would clarify the testimony of a medical examiner. ( People v. Murphy (1972) 8 Cal.3d 349, 365 [ 105 Cal. Rptr. 138 , 1988Neither of these points is persuasive on this record. (12) We have repeatedly stated that the court has wide discretion in determining the admissibility of photographs of a murder victim. ( People v. Green, supra, 27 Cal.3d 1, 19 ; People v. Frierson (1979) 25 Cal.3d 142, 171 [ 158 Cal. Rptr. 281 , 599 P.2d 587 ].) We have previously held that a court may admit even "gruesome" photographs if the evidence is highly relevant to the issues raised by the facts, or if the photograph would clarify the testimony of a medical examiner. ( People v. Murphy (1972) 8 Cal.3d 349, 365 [ 105 Cal. Rptr. 138 , | 1 | 1988–1988 |
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.