weighed factors (California) · Go Syfert
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weighed factors in California

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.

Followed or applied (7)

CaseFollowedCited
People v. Faillagreen
calctapp · 2006 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023But 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.

11
People v. Pearsongreen
calctapp · 2019 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(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.

11
People v. Colemangreen
cal · 1988 · cited in 1 California opinions naming this issue, 1991–1991
2 sentences

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 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

11
People v. Friersongreen
cal · 1979 · cited in 1 California opinions naming this issue, 1988–1988
2 sentences

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 ,

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 ,

11
People v. Murphygreen
cal · 1972 · cited in 1 California opinions naming this issue, 1988–1988
2 sentences

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.

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.

11
Sibley v. Superior Courtgreen
cal · 1976 · cited in 1 California opinions naming this issue, 1978–1978
1 sentence

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

11
Cornelison v. Chaneygreen
cal · 1976 · cited in 1 California opinions naming this issue, 1978–1978
2 sentences

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

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

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 (11)

CaseCitedYears
People v. Myers green
calctapp · 1999
2 sentences

2025(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.

22014–2025
People v. Superior Court red
cal · 1997
1 sentence

2023But 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.

12023–2023
In Re Marriage of LaMusga green
cal · 2004
1 sentence

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.

12021–2021
Condon v. Cooper green
calctapp · 1998
2 sentences

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.

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.

12021–2021
People v. Watson green
cal · 1956
1 sentence

2020(People v. Watson (1956) 46 Cal.2d 818, 836 .) Even without the prior sex offense, the evidence of Miron’s guilt was overwhelming.

12020–2020
People v. Merriman green
cal · 2014
1 sentence

2016(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.

12016–2016
People v. Balcom green
cal · 1994
1 sentence

2016(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.

12016–2016
People v. Williams green
cal · 1998
1 sentence

2015The 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.

12015–2015
United States v. David B. Mitchell green
ca11 · 1985
2 sentences

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.

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.

11991–1991
Barker v. Wingo green
scotus · 1972
2 sentences

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.

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.

11991–1991
People v. Green yellow
cal · 1980
2 sentences

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 ,

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 ,

11988–1988

Where else courts name it

TN 37 (2002–2025) PA 13 (1982–2026) CA 12 (1978–2025) IN 11 (1991–2018) OH 5 (2002–2019) ND 5 (2007–2019) IL 5 (1990–2024) TX 4 (2006–2019) NC 3 (2012–2022) OK 2 (2022–2022) LA 2 (1992–1998)

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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