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10 California opinions name it 3 courts 1979–2026 2 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 |
|---|---|---|
White v. County of Sacramentogreen2 sentences1999Code, § 3304, subd. (b).) The purpose of this statutory provision is to offer to a disciplined officer “an avenue to challenge a disciplinary decision which could result in disadvantage, harm, loss or hardship.” (Holcomb v. City of Los Angeles, supra, 210 Cal.App.3d at p. 1566 ; White v. County of Sacramento (1982) 31 Cal.3d 676, 683 [ 183 Cal.Rptr. 520 , 646 P.2d 191 ].) This purpose is served by ensuring that the officer has an opportunity to convince his or her employer to reverse the initial disciplinary decision by either demonstrating the falsity of the charges or through the presentatio 1999Code, § 3304, subd. (b).) The purpose of this statutory provision is to offer to a disciplined officer “an avenue to challenge a disciplinary decision which could result in disadvantage, harm, loss or hardship.” (Holcomb v. City of Los Angeles, supra, 210 Cal.App.3d at p. 1566 ; White v. County of Sacramento (1982) 31 Cal.3d 676, 683 [ 183 Cal.Rptr. 520 , 646 P.2d 191 ].) This purpose is served by ensuring that the officer has an opportunity to convince his or her employer to reverse the initial disciplinary decision by either demonstrating the falsity of the charges or through the presentatio | 2 | 2 |
Baggett v. Gatesgreen2 sentences1999(Bag gett v. Gates (1982) 32 Cal.3d 128, 140 [ 185 Cal.Rptr. 232 , 649 P.2d 874 ].) Thus, at least upon superficial consideration, it might seem inconsistent with the clear purpose of the procedural bill of rights for a disciplined officer to be allowed to utilize this mandated appellate process only at the risk of an increase in the initial punitive action. 1999(Bag gett v. Gates (1982) 32 Cal.3d 128, 140 [ 185 Cal.Rptr. 232 , 649 P.2d 874 ].) Thus, at least upon superficial consideration, it might seem inconsistent with the clear purpose of the procedural bill of rights for a disciplined officer to be allowed to utilize this mandated appellate process only at the risk of an increase in the initial punitive action. | 1 | 2 |
People v. Cashgreen1 sentence2026(Montoya, supra, at pp. 1147-1148.) Further, “ ‘ “[i]f the record on appeal sheds no light on why counsel acted or failed to act in the manner challenged[,] . . . unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation,” the claim on appeal must be rejected.’ ” (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266 ; People v. Cash (2002) 28 Cal.4th 703, 734 [“ ‘ “ ‘record must affirmatively disclose the lack of a rational tactical purpose for challenged act or omission’ ” ’ ”].) “A claim of ineffective assistance in such | 1 | 1 |
Nathan H. Schur, Inc. v. City of Santa Monicagreen2 sentences2016First, the court held city officials had the authority to determine whether the challenged games were legal, and the only appropriate avenue to challenge that decision was a review without independent evidence. ( Ibid. ) Second, the court stated "that unless the conduct complained of constitutes a nuisance as declared by the Legislature, equity will not enjoin it even if it constitutes a crime, as the appropriate tribunal for the enforcement of the criminal law is the court in an appropriate criminal proceeding." ( Ibid. ) The court acknowledged that "a taxpayer may obtain preventive relief ag 2016First, the court held city officials had the authority to determine whether the challenged games were legal, and the only appropriate avenue to challenge that decision was a review without independent evidence. ( Ibid. ) Second, the court stated "that unless the conduct complained of constitutes a nuisance as declared by the Legislature, equity will not enjoin it even if it constitutes a crime, as the appropriate tribunal for the enforcement of the criminal law is the court in an appropriate criminal proceeding." ( Ibid. ) The court acknowledged that "a taxpayer may obtain preventive relief ag | 1 | 1 |
Browning v. Blockgreen2 sentences1989(Browning v. Block (1985) 175 Cal.App.3d 423, 429 [ 220 Cal.Rptr. 763 ] [review den.].) Its purpose is to offer the aggrieved police officer an avenue to challenge a disciplinary decision which could result in disadvantage, harm, loss or hardship (see White v. County of Sacramento (1982) 31 Cal.3d 676, 683 [ 183 Cal.Rptr. 520 , 646 P.2d 191 ]) by providing the officer with an opportunity to convince the employer to reverse its decision, either by demonstrating the falsity of the charges which led to the punitive action, or through presentation of mitigating circumstances. 1989(Browning v. Block (1985) 175 Cal.App.3d 423, 429 [ 220 Cal.Rptr. 763 ] [review den.].) Its purpose is to offer the aggrieved police officer an avenue to challenge a disciplinary decision which could result in disadvantage, harm, loss or hardship (see White v. County of Sacramento (1982) 31 Cal.3d 676, 683 [ 183 Cal.Rptr. 520 , 646 P.2d 191 ]) by providing the officer with an opportunity to convince the employer to reverse its decision, either by demonstrating the falsity of the charges which led to the punitive action, or through presentation of mitigating circumstances. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Santa Clara County Local Transportation Authority v. Guardino
green
2 sentences2019Because we must avoid deciding constitutional issues if other dispositive grounds are available ( Santa Clara County Local Transportation Authority v. Guardino (1995) 11 Cal.4th 220 , 230 [ 45 Cal.Rptr.2d 207 , 902 P.2d 225 ]), we first address the Clerk's finding that the petition was confusing. 2019Because we must avoid deciding constitutional issues if other dispositive grounds are available ( Santa Clara County Local Transportation Authority v. Guardino (1995) 11 Cal.4th 220 , 230 [ 45 Cal.Rptr.2d 207 , 902 P.2d 225 ]), we first address the Clerk's finding that the petition was confusing. | 4 | 2019–2019 |
People v. Mendoza Tello
green
2 sentences2026(Montoya, supra, at pp. 1147-1148.) Further, “ ‘ “[i]f the record on appeal sheds no light on why counsel acted or failed to act in the manner challenged[,] . . . unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation,” the claim on appeal must be rejected.’ ” (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266 ; People v. Cash (2002) 28 Cal.4th 703, 734 [“ ‘ “ ‘record must affirmatively disclose the lack of a rational tactical purpose for challenged act or omission’ ” ’ ”].) “A claim of ineffective assistance in such 2026(Montoya, supra, at pp. 1147-1148.) Further, “ ‘ “[i]f the record on appeal sheds no light on why counsel acted or failed to act in the manner challenged[,] . . . unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation,” the claim on appeal must be rejected.’ ” (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266 ; People v. Cash (2002) 28 Cal.4th 703, 734 [“ ‘ “ ‘record must affirmatively disclose the lack of a rational tactical purpose for challenged act or omission’ ” ’ ”].) “A claim of ineffective assistance in such | 1 | 2026–2026 |
People v. Torrez
green
1 sentence2026(See People v. Montoya (2007) 149 Cal.App.4th. 1139, 1147-1148 (Montoya); People v. Torrez (1995) 31 Cal.App.4th 1084, 1091-1092 .) Rather, competent counsel must exercise his or her best professional judgment and pursue an avenue of defense that seems appropriate after having examined the case, its evidence, and its issues. | 1 | 2026–2026 |
Miller v. Alabama
green
2 sentences2022First, he contends that because his LWOP sentence was reduced to 25 years to life pursuant to Miller, supra, 567 U.S. 460 , he is no longer in custody pursuant to the jury’s special circumstances findings, and therefore such a habeas petition would be denied as moot. 2022First, he contends that because his LWOP sentence was reduced to 25 years to life pursuant to Miller, supra, 567 U.S. 460 , he is no longer in custody pursuant to the jury’s special circumstances findings, and therefore such a habeas petition would be denied as moot. | 1 | 2022–2022 |
Simpson v. City of Los Angeles
green
2 sentences2016Proc., § 526a; Simpson v. City of Los Angeles, 40 Cal.2d 271 , 253 P.2d 464 .)" ( Schur, at p. 17, 300 P.2d 831 .) Yet, the court again employed two lines of reasoning to explain why section 526a did not permit the relief issued by the trial court. 2016Proc., § 526a; Simpson v. City of Los Angeles, 40 Cal.2d 271 , 253 P.2d 464 .)" ( Schur, at p. 17, 300 P.2d 831 .) Yet, the court again employed two lines of reasoning to explain why section 526a did not permit the relief issued by the trial court. | 1 | 2016–2016 |
Holcomb v. City of Los Angeles
green
1 sentence1999Code, § 3304, subd. (b).) The purpose of this statutory provision is to offer to a disciplined officer “an avenue to challenge a disciplinary decision which could result in disadvantage, harm, loss or hardship.” (Holcomb v. City of Los Angeles, supra, 210 Cal.App.3d at p. 1566 ; White v. County of Sacramento (1982) 31 Cal.3d 676, 683 [ 183 Cal.Rptr. 520 , 646 P.2d 191 ].) This purpose is served by ensuring that the officer has an opportunity to convince his or her employer to reverse the initial disciplinary decision by either demonstrating the falsity of the charges or through the presentatio | 1 | 1999–1999 |
People v. Wischemann
green
2 sentences1979The court nonetheless concluded, "[g]iven the totality of circumstances, we see no reasonable possibility that additional proceedings could adduce any new evidence that would convince a jury that defendant's intellectual capacity was so affected by mental illness that he was unable to prevent himself from engaging in these robberies [citations]." ( 94 Cal. App.3d 162, 169 .) The problem with this approach is that it necessitates a weighing of expert and lay witness testimony against what a new avenue of inquiry might reveal. 1979The court nonetheless concluded, “[g]iven the totality of circumstances, we see no reasonable possibility that additional proceedings could adduce any new evidence that would convince a jury that defendant’s intellectual capacity was so affected by mental illness that he was unable to prevent himself from engaging in these robberies [citations].” ( 94 Cal.App.3d 162, 169 .) The problem with this approach is that it necessitates a weighing of expert and lay witness testimony against what a new avenue of inquiry might reveal. | 1 | 1979–1979 |
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.