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11 California opinions name it 2 courts 1970–2021 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.
| Case | Followed | Cited |
|---|---|---|
People v. Ibarragreen2 sentences1975(People v. Ibarra (1963) 60 Cal.2d 460, 464 [ 34 Cal.Rptr. 863 , 386 P.2d 487 ].) We have examined the instances to which defendant has referred and conclude that while counsel’s actions were at times not exemplary they were not sufficiently egregious to warrant reversal under the Ibarra rule. 1975(People v. Ibarra (1963) 60 Cal.2d 460, 464 [ 34 Cal.Rptr. 863 , 386 P.2d 487 ].) We have examined the instances to which defendant has referred and conclude that while counsel’s actions were at times not exemplary they were not sufficiently egregious to warrant reversal under the Ibarra rule. | 2 | 3 |
People v. Popegreen2 sentences1981In People v. Pope (1979) 23 Cal.3d 412 [ 152 Cal.Rptr. 732 , 590 P.2d 859 ], a history of the evaporation of the Ibarra standard (i.e., farce and sham) was set forth, with the court adopting a standard similar to one set out in United States v. De Coster (D.C.Cir. 1973) 487 F.2d 1197 . 1981In People v. Pope (1979) 23 Cal.3d 412 [ 152 Cal.Rptr. 732 , 590 P.2d 859 ], a history of the evaporation of the Ibarra standard (i.e., farce and sham) was set forth, with the court adopting a standard similar to one set out in United States v. De Coster (D.C.Cir. 1973) 487 F.2d 1197 . | 1 | 2 |
Palma v. U.S. Industrial Fasteners, Inc.green2 sentences1984(Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180 [ 203 Cal.Rptr. 626 , 681 P.2d 893 ].) Let a peremptory writ of mandate issue directing the municipal court to conduct a hearing on Ibarra’s motion to dismiss consistent with this opinion. 1984(Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180 [ 203 Cal.Rptr. 626 , 681 P.2d 893 ].) Let a peremptory writ of mandate issue directing the municipal court to conduct a hearing on Ibarra’s motion to dismiss consistent with this opinion. | 1 | 1 |
People v. Cookgreen2 sentences1979For example, it stated: “In several cases, this court has moved away from the ‘farce or sham’ standard,” and “[i]nsofar as it survives, the ‘farce or sham’ standard . . . has been widely criticized. . . .” (23 Cal.3d at pp. 421-422.) 5 In People v. Cook (1975) 13 Cal.3d 663, 671, 672 [ 119 Cal.Rptr. 500 , 532 P.2d 148 ], our Supreme Court knowingly applied the Ibarra standard of constitutionally adequate representation to privately retained counsel. 6 If it is clear to a reviewing court that trial counsel intentionally represented his client in an incompetent manner in order to obtain a revers 1979For example, it stated: “In several cases, this court has moved away from the ‘farce or sham’ standard,” and “[i]nsofar as it survives, the ‘farce or sham’ standard . . . has been widely criticized. . . .” (23 Cal.3d at pp. 421-422.) 5 In People v. Cook (1975) 13 Cal.3d 663, 671, 672 [ 119 Cal.Rptr. 500 , 532 P.2d 148 ], our Supreme Court knowingly applied the Ibarra standard of constitutionally adequate representation to privately retained counsel. 6 If it is clear to a reviewing court that trial counsel intentionally represented his client in an incompetent manner in order to obtain a revers | 1 | 1 |
People v. Rodriguezgreen2 sentences1979It is the failure to have an appropriate adjudication of a defense that reduces the trial to a ‘farce or a sham,” and which thus renders a defendant’s trial fundamentally unfair—in violation of the constitutional due process rights guaranteed to a defendant.” (People v. Rodriguez (1977) 73 Cal.App.3d 1023, 1028 [ 141 Cal.Rptr. 118 ].) (Latter italics in original.) In People v. Pope (1979) 23 Cal.3d 412 [ 152 Cal.Rptr. 732 , 590 P.2d 859 ], our high court discarded the Ibarra standard for ineffective assistance of counsel and declared that “a conviction may not be upheld if the state has furnis 1979It is the failure to have an appropriate adjudication of a defense that reduces the trial to a ‘farce or a sham,” and which thus renders a defendant’s trial fundamentally unfair—in violation of the constitutional due process rights guaranteed to a defendant.” (People v. Rodriguez (1977) 73 Cal.App.3d 1023, 1028 [ 141 Cal.Rptr. 118 ].) (Latter italics in original.) In People v. Pope (1979) 23 Cal.3d 412 [ 152 Cal.Rptr. 732 , 590 P.2d 859 ], our high court discarded the Ibarra standard for ineffective assistance of counsel and declared that “a conviction may not be upheld if the state has furnis | 1 | 1 |
Cabell v. Julius B.green2 sentences1979For example, it stated: “In several cases, this court has moved away from the ‘farce or sham’ standard,” and “[i]nsofar as it survives, the ‘farce or sham’ standard . . . has been widely criticized. . . .” (23 Cal.3d at pp. 421-422.) 5 In People v. Cook (1975) 13 Cal.3d 663, 671, 672 [ 119 Cal.Rptr. 500 , 532 P.2d 148 ], our Supreme Court knowingly applied the Ibarra standard of constitutionally adequate representation to privately retained counsel. 6 If it is clear to a reviewing court that trial counsel intentionally represented his client in an incompetent manner in order to obtain a revers 1979For example, it stated: “In several cases, this court has moved away from the ‘farce or sham’ standard,” and “[i]nsofar as it survives, the ‘farce or sham’ standard . . . has been widely criticized. . . .” (23 Cal.3d at pp. 421-422.) 5 In People v. Cook (1975) 13 Cal.3d 663, 671, 672 [ 119 Cal.Rptr. 500 , 532 P.2d 148 ], our Supreme Court knowingly applied the Ibarra standard of constitutionally adequate representation to privately retained counsel. 6 If it is clear to a reviewing court that trial counsel intentionally represented his client in an incompetent manner in order to obtain a revers | 1 | 1 |
People v. Williamsgreen2 sentences1977(People v. Williams, supra, 2 Cal.3d 894, 906.) We therefore conclude that the duty of trial court inquiiy into the reasons why a defendant seeks to discharge counsel applies only when the defendant asserts directly or by implication that his counsel’s performance has been so inadequate as to deny him his constitutional right to effective counsel. 1977(People v. Williams, supra, 2 Cal.3d 894, 906.) We therefore conclude that the duty of trial court inquiiy into the reasons why a defendant seeks to discharge counsel applies only when the defendant asserts directly or by implication that his counsel’s performance has been so inadequate as to deny him his constitutional right to effective counsel. | 1 | 1 |
In Re Mosleygreen2 sentences1976(In re Mosley, 1 Cal.3d 913, 924 [ 83 Cal.Rptr. 809 , 464 P.2d 473 ], cert. den., 400 U.S. 905 [ 27 L.Ed.2d 142 , 91 S.Ct. 144 ]; People v. Floyd, 1 Cal.3d 694, 709 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den., 406 U.S. 972 [ 32 L.Ed.2d 672 , 92 S.Ct. 2418 ].) Furthermore, a mere sociopathic personality with schizoid tendencies is insufficient without more to authorize an instruction on diminished capacity. 1976(In re Mosley, 1 Cal.3d 913, 924 [ 83 Cal.Rptr. 809 , 464 P.2d 473 ], cert. den., 400 U.S. 905 [ 27 L.Ed.2d 142 , 91 S.Ct. 144 ]; People v. Floyd, 1 Cal.3d 694, 709 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den., 406 U.S. 972 [ 32 L.Ed.2d 672 , 92 S.Ct. 2418 ].) Furthermore, a mere sociopathic personality with schizoid tendencies is insufficient without more to authorize an instruction on diminished capacity. | 1 | 1 |
People v. Floydgreen2 sentences1976(In re Mosley, 1 Cal.3d 913, 924 [ 83 Cal.Rptr. 809 , 464 P.2d 473 ], cert. den., 400 U.S. 905 [ 27 L.Ed.2d 142 , 91 S.Ct. 144 ]; People v. Floyd, 1 Cal.3d 694, 709 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den., 406 U.S. 972 [ 32 L.Ed.2d 672 , 92 S.Ct. 2418 ].) Furthermore, a mere sociopathic personality with schizoid tendencies is insufficient without more to authorize an instruction on diminished capacity. 1976(In re Mosley, 1 Cal.3d 913, 924 [ 83 Cal.Rptr. 809 , 464 P.2d 473 ], cert. den., 400 U.S. 905 [ 27 L.Ed.2d 142 , 91 S.Ct. 144 ]; People v. Floyd, 1 Cal.3d 694, 709 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den., 406 U.S. 972 [ 32 L.Ed.2d 672 , 92 S.Ct. 2418 ].) Furthermore, a mere sociopathic personality with schizoid tendencies is insufficient without more to authorize an instruction on diminished capacity. | 1 | 1 |
People v. Pijalgreen2 sentences1975While the Attorney General is entirely correct in his contention (see People v. Pijal, 33 Cal.App.3d 682, 692 [ 109 Cal.Rptr. 230 ]), we elect to dispose of the entrapment question on its merits because of the ever-present Ibarra doctrine. 1975While the Attorney General is entirely correct in his contention (see People v. Pijal, 33 Cal.App.3d 682, 692 [ 109 Cal.Rptr. 230 ]), we elect to dispose of the entrapment question on its merits because of the ever-present Ibarra doctrine. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Ibarra
green
2 sentences2021The court should be satisfied that the prosecution has not misrepresented facts to the defendant, and that the substance of the inducement is within the proper scope of the prosecutor’s business.” ( Ibarra, supra, 34 Cal.3d at pp. 288–289.) If the People are 9. leveraging their ability to prosecute third parties, they must have “a reasonable and good faith case against the third parties to whom leniency is promised.” (Id. at p. 289.) The trial court discussed the Ibarra factors at length during the motion hearing. 2021The court should be satisfied that the prosecution has not misrepresented facts to the defendant, and that the substance of the inducement is within the proper scope of the prosecutor’s business.” ( Ibarra, supra, 34 Cal.3d at pp. 288–289.) If the People are 9. leveraging their ability to prosecute third parties, they must have “a reasonable and good faith case against the third parties to whom leniency is promised.” (Id. at p. 289.) The trial court discussed the Ibarra factors at length during the motion hearing. | 1 | 2021–2021 |
People v. Navarrete
green
1 sentence2014This case is unlike People v. Navarrete (2010) 181 Cal.App.4th 828, 831-832 , in which a mistrial was required after a detective deliberately suggested to the jury that the defendant confessed and the court ruled that "defendant's statement is inadmissible." (Id. at p. 831.) Cumulative Error We reject Ibarra’s claim of cumulative error. | 1 | 2014–2014 |
Overby v. Municipal Court
green
1 sentence1984(Overby v. Municipal Court, supra, 121 Cal.App.3d 377 ; People v. Lawson (1979) 94 Cal.App.3d 194 [ 156 Cal.Rptr. 226 ]; People v. Vanderburg, supra, 32 Cal.App.3d 526 .) At the hearing on Ibarra’s motion to dismiss, he offered his declaration as proof of prejudice. | 1 | 1984–1984 |
People v. Lawson
green
2 sentences1984(Overby v. Municipal Court, supra, 121 Cal.App.3d 377 ; People v. Lawson (1979) 94 Cal.App.3d 194 [ 156 Cal.Rptr. 226 ]; People v. Vanderburg, supra, 32 Cal.App.3d 526 .) At the hearing on Ibarra’s motion to dismiss, he offered his declaration as proof of prejudice. 1984(Overby v. Municipal Court, supra, 121 Cal.App.3d 377 ; People v. Lawson (1979) 94 Cal.App.3d 194 [ 156 Cal.Rptr. 226 ]; People v. Vanderburg, supra, 32 Cal.App.3d 526 .) At the hearing on Ibarra’s motion to dismiss, he offered his declaration as proof of prejudice. | 1 | 1984–1984 |
Dillingham v. United States
green
2 sentences1984Sonenshine, J., and Crosby, J., concurred. 1 Ibarra’s reliance on Dillingham v. United States (1975) 423 U.S. 64 [ 46 L.Ed.2d 205 , 96 S.Ct. 303 ] is misplaced. 1984Sonenshine, J., and Crosby, J., concurred. 1 Ibarra’s reliance on Dillingham v. United States (1975) 423 U.S. 64 [ 46 L.Ed.2d 205 , 96 S.Ct. 303 ] is misplaced. | 1 | 1984–1984 |
People v. Vanderburg
green
1 sentence1984(Overby v. Municipal Court, supra, 121 Cal.App.3d 377 ; People v. Lawson (1979) 94 Cal.App.3d 194 [ 156 Cal.Rptr. 226 ]; People v. Vanderburg, supra, 32 Cal.App.3d 526 .) At the hearing on Ibarra’s motion to dismiss, he offered his declaration as proof of prejudice. | 1 | 1984–1984 |
United States v. Willie Decoster, Jr.
green
1 sentence1981In People v. Pope (1979) 23 Cal.3d 412 [ 152 Cal.Rptr. 732 , 590 P.2d 859 ], a history of the evaporation of the Ibarra standard (i.e., farce and sham) was set forth, with the court adopting a standard similar to one set out in United States v. De Coster (D.C.Cir. 1973) 487 F.2d 1197 . | 1 | 1981–1981 |
Bellomy v. Union Concrete Pipe Co.
green
1 sentence1976(In re Mosley, 1 Cal.3d 913, 924 [ 83 Cal.Rptr. 809 , 464 P.2d 473 ], cert. den., 400 U.S. 905 [ 27 L.Ed.2d 142 , 91 S.Ct. 144 ]; People v. Floyd, 1 Cal.3d 694, 709 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den., 406 U.S. 972 [ 32 L.Ed.2d 672 , 92 S.Ct. 2418 ].) Furthermore, a mere sociopathic personality with schizoid tendencies is insufficient without more to authorize an instruction on diminished capacity. | 1 | 1976–1976 |
Campbell v. California Department of Corrections
green
1 sentence1976(In re Mosley, 1 Cal.3d 913, 924 [ 83 Cal.Rptr. 809 , 464 P.2d 473 ], cert. den., 400 U.S. 905 [ 27 L.Ed.2d 142 , 91 S.Ct. 144 ]; People v. Floyd, 1 Cal.3d 694, 709 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den., 406 U.S. 972 [ 32 L.Ed.2d 672 , 92 S.Ct. 2418 ].) Furthermore, a mere sociopathic personality with schizoid tendencies is insufficient without more to authorize an instruction on diminished capacity. | 1 | 1976–1976 |
King v. California
neutral
1 sentence1976(In re Mosley, 1 Cal.3d 913, 924 [ 83 Cal.Rptr. 809 , 464 P.2d 473 ], cert. den., 400 U.S. 905 [ 27 L.Ed.2d 142 , 91 S.Ct. 144 ]; People v. Floyd, 1 Cal.3d 694, 709 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den., 406 U.S. 972 [ 32 L.Ed.2d 672 , 92 S.Ct. 2418 ].) Furthermore, a mere sociopathic personality with schizoid tendencies is insufficient without more to authorize an instruction on diminished capacity. | 1 | 1976–1976 |
Mabry v. California
green
1 sentence1976(In re Mosley, 1 Cal.3d 913, 924 [ 83 Cal.Rptr. 809 , 464 P.2d 473 ], cert. den., 400 U.S. 905 [ 27 L.Ed.2d 142 , 91 S.Ct. 144 ]; People v. Floyd, 1 Cal.3d 694, 709 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den., 406 U.S. 972 [ 32 L.Ed.2d 672 , 92 S.Ct. 2418 ].) Furthermore, a mere sociopathic personality with schizoid tendencies is insufficient without more to authorize an instruction on diminished capacity. | 1 | 1976–1976 |
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.