Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
11 California opinions name it 2 courts 1969–2026 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.
| Case | Followed | Cited |
|---|---|---|
Rick Koenig v. Daniel Vannelli Douglas Trudeaugreen2 sentences2002(Penrod v. State, supra, at p. 655; Koenig v. Vannelli (9th Cir. 1992) 971 F.2d 422, 422-423 [Ninth Circuit rejected a challenge to the use of the ADX Abbott by state prison officials in their random drug testing program].) The ADX Abbott drug analyzer is used to test for cocaine in urine samples. 2002But the acceptance of the scientific method does not depend on who operates the machinery. ( People v. Cooper (1991) 53 Cal.3d 771, 814 , 281 Cal.Rptr. 90 , 809 P.2d 865 .) The ADX Abbott has reached a "level of general acceptance" in the scientific community. ( Carter v. State, supra, 706 N.E.2d at p. 554 .) Courts have relied on its urine test results to detect probation violations. ( Penrod v. State (Ind.Ct.App. 1993) 611 N.E.2d 653, 654-655 .) It is an accurate test for the presence of marijuana in biological fluids. ( Penrod v. State, supra, at p. 655; Koenig v. Vannelli (9th Cir.1992) 97 | 2 | 2 |
Robinson v. U-Haul Co. of Californiagreen1 sentence2026(See Cal. Rules of Court (CRC), rule 3.1702; see also Robinson v. U-Haul Co. of California (2016) 4 Cal.App.5th 304 , 326–327 [court discretion to extend time for fee motion].) Diamond timely appealed within 60 days after notice of entry of the second amended judgment memorializing the attorney 4 At oral argument, Accurate noted that Diamond proposed the seven-percent judgment “out of the blue,” without “instruction, not part of an order, not part of a motion.” In his attempt to defend the maneuver, Diamond’s counsel conceded that a court can fix its own clerical error. 7 fee award. (§ 904.1, | 1 | 1 |
People v. Thomasgreen1 sentence2014Citing People v. Thomas (2007) 146 Cal.App.4th 1278, 1281-1282 (Thomas) (disapproved on other grounds in People v. Shockley (2013) 58 Cal.4th 400 ), the Attorney General asserts defendant’s failure to request the instruction waived his right to raise it on appeal. | 1 | 1 |
People v. Pockgreen2 sentences2010(CALJIC No. 3.40.) This instruction is required in cases in which one cause of death is alleged but the evidence suggests that an independent supervening act, separate from the defendant's act, may have brought about the death. ( People v. Pock (1993) 19 Cal.App.4th 1263, 1276 [ 23 Cal.Rptr.2d 900 ].) In cases in which there may be concurrent causes of death, however, the substantial factor test embodied by CALJIC No. 3.41 provides the accurate standard, because it avoids the possibility of jury confusion and prevents each defendant from escaping responsibility when the conduct of one or more 2010(CALJIC No. 3.40.) This instruction is required in cases in which one cause of death is alleged but the evidence suggests that an independent supervening act, separate from the defendant's act, may have brought about the death. ( People v. Pock (1993) 19 Cal.App.4th 1263, 1276 [ 23 Cal.Rptr.2d 900 ].) In cases in which there may be concurrent causes of death, however, the substantial factor test embodied by CALJIC No. 3.41 provides the accurate standard, because it avoids the possibility of jury confusion and prevents each defendant from escaping responsibility when the conduct of one or more | 1 | 1 |
Frye v. United Statesred1 sentence2002(Penrod v. State, supra, at p. 655; Koenig v. Vannelli (9th Cir. 1992) 971 F.2d 422, 422-423 [Ninth Circuit rejected a challenge to the use of the ADX Abbott by state prison officials in their random drug testing program].) The ADX Abbott drug analyzer is used to test for cocaine in urine samples. | 1 | 1 |
People v. Whartongreen2 sentences2000Defendant contends the trial court erred in refusing his requested instruction and in failing sua sponte to give an accurate instruction on the burden of proof or persuasion as to mitigating circumstances, which would have entailed instructing the jury as to the substantial evidence standard (see People v. Wharton (1991) 53 Cal.3d 522, 600-601 [ 280 Cal.Rptr. 631 , 809 P.2d 290 ]). 2000Defendant contends the trial court erred in refusing his requested instruction and in failing sua sponte to give an accurate instruction on the burden of proof or persuasion as to mitigating circumstances, which would have entailed instructing the jury as to the substantial evidence standard (see People v. Wharton (1991) 53 Cal.3d 522, 600-601 [ 280 Cal.Rptr. 631 , 809 P.2d 290 ]). | 1 | 1 |
People v. Welchgreen2 sentences2000We rejected a similar contention in People v. Welch (1999) 20 Cal.4th 701, 767 [ 85 Cal.Rptr.2d 203 , 976 P.2d 754 ], finding no reason to believe that a jury, given instructions that aggravating factors must be proven beyond a reasonable doubt, but told nothing about mitigating factors, would think it could consider mitigating circumstances only if proven beyond a reasonable doubt. 2000We rejected a similar contention in People v. Welch (1999) 20 Cal.4th 701, 767 [ 85 Cal.Rptr.2d 203 , 976 P.2d 754 ], finding no reason to believe that a jury, given instructions that aggravating factors must be proven beyond a reasonable doubt, but told nothing about mitigating factors, would think it could consider mitigating circumstances only if proven beyond a reasonable doubt. | 1 | 1 |
California v. Ramosgreen2 sentences1988The United States Supreme Court found no federal Constitutional error in an accurate instruction bringing to the jury's attention the possibility that the defendant might be returned to society. ( California v. Ramos, supra, 463 U.S. 992, 1003-1013 [ 77 L.Ed.2d 1171, 1182-1183 ].) This court nonetheless invalidated this instruction on state constitutional grounds, concluding that it invited the jury to be influenced by speculative and improper considerations. 1988The United States Supreme Court found no federal Constitutional error in an accurate instruction bringing to the jury's attention the possibility that the defendant might be returned to society. ( California v. Ramos, supra, 463 U.S. 992, 1003-1013 [ 77 L.Ed.2d 1171, 1182-1183 ].) This court nonetheless invalidated this instruction on state constitutional grounds, concluding that it invited the jury to be influenced by speculative and improper considerations. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Penrod v. State
green
2 sentences2002(Penrod v. State (Ind.Ct.App. 1993) 611 N.E.2d 653, 654-655 .) It is an accurate test for the presence of marijuana in biological fluids. 2002But the acceptance of the scientific method does not depend on who operates the machinery. ( People v. Cooper (1991) 53 Cal.3d 771, 814 , 281 Cal.Rptr. 90 , 809 P.2d 865 .) The ADX Abbott has reached a "level of general acceptance" in the scientific community. ( Carter v. State, supra, 706 N.E.2d at p. 554 .) Courts have relied on its urine test results to detect probation violations. ( Penrod v. State (Ind.Ct.App. 1993) 611 N.E.2d 653, 654-655 .) It is an accurate test for the presence of marijuana in biological fluids. ( Penrod v. State, supra, at p. 655; Koenig v. Vannelli (9th Cir.1992) 97 | 2 | 2002–2002 |
In Re Marriage of Braud
green
1 sentence2019As noted, to rebut the community property presumption by indirect tracing, the record must show that community income was depleted when the asset in question was acquired, and that separate property funds were actually used to make payments on the asset. ( Braud, supra, 45 Cal.App.4th at pp. 823-824.) Addleman's opinion that community income between 1996 and 2001 was "minimal" is insufficient to satisfy George's burden of showing that when he paid the $20,000 to his sister for the property and that when he made payments on the property between 1997 and 2001, all community income was exhausted | 1 | 2019–2019 |
People v. Beltran
green
1 sentence2016(Beltran, supra, 56 Cal.4th at p. 949 .) The prosecutor misstated the law during argument. | 1 | 2016–2016 |
People v. Shockley
green
1 sentence2014Citing People v. Thomas (2007) 146 Cal.App.4th 1278, 1281-1282 (Thomas) (disapproved on other grounds in People v. Shockley (2013) 58 Cal.4th 400 ), the Attorney General asserts defendant’s failure to request the instruction waived his right to raise it on appeal. | 1 | 2014–2014 |
Richard W. Spence v. Hal Farrier
green
1 sentence2002But jurisdictions including the Ninth Circuit have accepted its validity for almost a decade. ( Koenig v. Vannelli, supra, 971 F.2d at pp. 422-423; Penrod v. State, supra, 611 N.E.2d at pp. 654-655.) Both the ADX Abbott and the older EMIT (enzyme immunoassay test) use the well-accepted immunoassay scientific technique to detect drugs in urine. ( Koenig, at p. 422, citing "Urine Testing in the Detection of Drugs of Abuse" 148 Archives of Internal Medicine 2407 (November 1988); Penrod , at p. 654; Carter v. State, supra, 706 N.E.2d at p. 554 ; Spence v. Farrier (8th Cir.1986) 807 F.2d 753, 754-7 | 1 | 2002–2002 |
People v. Cooper
green
2 sentences2002But the acceptance of the scientific method does not depend on who operates the machinery. ( People v. Cooper (1991) 53 Cal.3d 771, 814 , 281 Cal.Rptr. 90 , 809 P.2d 865 .) The ADX Abbott has reached a "level of general acceptance" in the scientific community. ( Carter v. State, supra, 706 N.E.2d at p. 554 .) Courts have relied on its urine test results to detect probation violations. ( Penrod v. State (Ind.Ct.App. 1993) 611 N.E.2d 653, 654-655 .) It is an accurate test for the presence of marijuana in biological fluids. ( Penrod v. State, supra, at p. 655; Koenig v. Vannelli (9th Cir.1992) 97 2002But the acceptance of the scientific method does not depend on who operates the machinery. ( People v. Cooper (1991) 53 Cal.3d 771, 814 , 281 Cal.Rptr. 90 , 809 P.2d 865 .) The ADX Abbott has reached a "level of general acceptance" in the scientific community. ( Carter v. State, supra, 706 N.E.2d at p. 554 .) Courts have relied on its urine test results to detect probation violations. ( Penrod v. State (Ind.Ct.App. 1993) 611 N.E.2d 653, 654-655 .) It is an accurate test for the presence of marijuana in biological fluids. ( Penrod v. State, supra, at p. 655; Koenig v. Vannelli (9th Cir.1992) 97 | 1 | 2002–2002 |
Carter v. State
green
2 sentences2002But the acceptance of the scientific method does not depend on who operates the machinery. ( People v. Cooper (1991) 53 Cal.3d 771, 814 , 281 Cal.Rptr. 90 , 809 P.2d 865 .) The ADX Abbott has reached a "level of general acceptance" in the scientific community. ( Carter v. State, supra, 706 N.E.2d at p. 554 .) Courts have relied on its urine test results to detect probation violations. ( Penrod v. State (Ind.Ct.App. 1993) 611 N.E.2d 653, 654-655 .) It is an accurate test for the presence of marijuana in biological fluids. ( Penrod v. State, supra, at p. 655; Koenig v. Vannelli (9th Cir.1992) 97 2002But jurisdictions including the Ninth Circuit have accepted its validity for almost a decade. ( Koenig v. Vannelli, supra, 971 F.2d at pp. 422-423; Penrod v. State, supra, 611 N.E.2d at pp. 654-655.) Both the ADX Abbott and the older EMIT (enzyme immunoassay test) use the well-accepted immunoassay scientific technique to detect drugs in urine. ( Koenig, at p. 422, citing "Urine Testing in the Detection of Drugs of Abuse" 148 Archives of Internal Medicine 2407 (November 1988); Penrod , at p. 654; Carter v. State, supra, 706 N.E.2d at p. 554 ; Spence v. Farrier (8th Cir.1986) 807 F.2d 753, 754-7 | 1 | 2002–2002 |
People v. Toran
green
2 sentences2002But the acceptance of the scientific method does not depend on who operates the machinery. ( People v. Cooper (1991) 53 Cal.3d 771, 814 , 281 Cal.Rptr. 90 , 809 P.2d 865 .) The ADX Abbott has reached a "level of general acceptance" in the scientific community. ( Carter v. State, supra, 706 N.E.2d at p. 554 .) Courts have relied on its urine test results to detect probation violations. ( Penrod v. State (Ind.Ct.App. 1993) 611 N.E.2d 653, 654-655 .) It is an accurate test for the presence of marijuana in biological fluids. ( Penrod v. State, supra, at p. 655; Koenig v. Vannelli (9th Cir.1992) 97 2002But the acceptance of the scientific method does not depend on who operates the machinery. ( People v. Cooper (1991) 53 Cal.3d 771, 814 , 281 Cal.Rptr. 90 , 809 P.2d 865 .) The ADX Abbott has reached a "level of general acceptance" in the scientific community. ( Carter v. State, supra, 706 N.E.2d at p. 554 .) Courts have relied on its urine test results to detect probation violations. ( Penrod v. State (Ind.Ct.App. 1993) 611 N.E.2d 653, 654-655 .) It is an accurate test for the presence of marijuana in biological fluids. ( Penrod v. State, supra, at p. 655; Koenig v. Vannelli (9th Cir.1992) 97 | 1 | 2002–2002 |
Decker v. Department of Motor Vehicles
green
2 sentences1981(Decker v. Department of Motor Vehicles (1972) 6 Cal.3d 903 [ 101 Cal.Rptr. 387 , 495 P.2d 1307 ]; Giomi v. Department of Motor Vehicles (1971) 15 Cal.App.3d 905 [ 93 Cal.Rptr. 613 ].) However, when the specific and accurate warning is given, the later use of less accurate predictions of consequences does not invalidate the advisement. 1981(Decker v. Department of Motor Vehicles (1972) 6 Cal.3d 903 [ 101 Cal.Rptr. 387 , 495 P.2d 1307 ]; Giomi v. Department of Motor Vehicles (1971) 15 Cal.App.3d 905 [ 93 Cal.Rptr. 613 ].) However, when the specific and accurate warning is given, the later use of less accurate predictions of consequences does not invalidate the advisement. | 1 | 1981–1981 |
Smith v. Department of Motor Vehicles
green
1 sentence1981(Smith v. Department of Motor Vehicles, supra, 1 Cal.App.3d at p. 503 .) In view of the strong public policy which led to the adoption of the statute and the obligation of courts to construe it liberally to effect its objectives (see Bush v. Bright (1968) 264 Cal.App.2d 788 [ 71 Cal.Rptr. 123 ]), we agree with the trial court that the sequence of advisements in this case was of no consequence. | 1 | 1981–1981 |
Giomi v. Department of Motor Vehicles
green
2 sentences1981(Decker v. Department of Motor Vehicles (1972) 6 Cal.3d 903 [ 101 Cal.Rptr. 387 , 495 P.2d 1307 ]; Giomi v. Department of Motor Vehicles (1971) 15 Cal.App.3d 905 [ 93 Cal.Rptr. 613 ].) However, when the specific and accurate warning is given, the later use of less accurate predictions of consequences does not invalidate the advisement. 1981(Decker v. Department of Motor Vehicles (1972) 6 Cal.3d 903 [ 101 Cal.Rptr. 387 , 495 P.2d 1307 ]; Giomi v. Department of Motor Vehicles (1971) 15 Cal.App.3d 905 [ 93 Cal.Rptr. 613 ].) However, when the specific and accurate warning is given, the later use of less accurate predictions of consequences does not invalidate the advisement. | 1 | 1981–1981 |
Bush v. Bright
green
2 sentences1981(Smith v. Department of Motor Vehicles, supra, 1 Cal.App.3d at p. 503 .) In view of the strong public policy which led to the adoption of the statute and the obligation of courts to construe it liberally to effect its objectives (see Bush v. Bright (1968) 264 Cal.App.2d 788 [ 71 Cal.Rptr. 123 ]), we agree with the trial court that the sequence of advisements in this case was of no consequence. 1981(Smith v. Department of Motor Vehicles, supra, 1 Cal.App.3d at p. 503 .) In view of the strong public policy which led to the adoption of the statute and the obligation of courts to construe it liberally to effect its objectives (see Bush v. Bright (1968) 264 Cal.App.2d 788 [ 71 Cal.Rptr. 123 ]), we agree with the trial court that the sequence of advisements in this case was of no consequence. | 1 | 1981–1981 |
Janusch v. Department of Motor Vehicles
green
1 sentence1969We have concluded, as in Janusch v. Department of Motor Vehicles, supra, 276 Cal.App.2d 193 , that the use of the word “chances” when coupled with the specific prior instruction did not vitiate compliance with section 13353. | 1 | 1969–1969 |
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.