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.
10 California opinions name it 2 courts 1963–2024 5 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 |
|---|---|---|
In Re Paul W.green2 sentences2021(In re Paul W., supra, 151 Cal.App.4th at p. 53 [“ ‘Because the rules on habeas corpus petitions evolved in the context of prisoners asserting unlawful confinement or conditions of confinement, they do not fit the dependency context well.’ ”]; accord, id. at p. 67 (conc. opn. of Bamattre-Manoukian, Acting P. J.) [observing that the standard framework for habeas does not “provide an ideal model for a habeas proceeding raising ineffective assistance of counsel in a dependency setting”].) It follows that courts can and should handle claims seeking to revive appeals from the termination of parenta 2021(In re Paul W., supra, 151 Cal.App.4th at p. 53 [“ ‘Because the rules on habeas corpus petitions evolved in the context of prisoners asserting unlawful confinement or conditions of confinement, they do not fit the dependency context well.’ ”]; accord, id. at p. 67 (conc. opn. of Bamattre-Manoukian, Acting P. J.) [observing that the standard framework for habeas does not “provide an ideal model for a habeas proceeding raising ineffective assistance of counsel in a dependency setting”].) It follows that courts can and should handle claims seeking to revive appeals from the termination of parenta | 1 | 1 |
People v. Hugginsgreen2 sentences2016The record on appeal is *570 inadequate, however, only if the complained-of deficiency is prejudicial to the defendant’s ability to prosecute his appeal. [Citation.] It is the defendant’s burden to show prejudice of this sort.” (People v. Huggins (2006) 38 Cal.4th 175, 204 [ 41 Cal.Rptr.3d 593 , 131 P.3d 995 ].) Defendant contends that defense counsel was prejudiced by the lack of a transcript because counsel could not effectively cross-examine Moore and Weaver about the precise nature of the immunity they were granted and any other benefits they received. 2016The record on appeal is *570 inadequate, however, only if the complained-of deficiency is prejudicial to the defendant’s ability to prosecute his appeal. [Citation.] It is the defendant’s burden to show prejudice of this sort.” (People v. Huggins (2006) 38 Cal.4th 175, 204 [ 41 Cal.Rptr.3d 593 , 131 P.3d 995 ].) Defendant contends that defense counsel was prejudiced by the lack of a transcript because counsel could not effectively cross-examine Moore and Weaver about the precise nature of the immunity they were granted and any other benefits they received. | 1 | 1 |
People v. Clairgreen2 sentences1992(See People v. Clair (1992) 2 Cal.4th 629, 663 [ 7 Cal. Rptr.2d 564 , 828 P.2d 705 ].) Defendant previously had full opportunity to explore, in cross-examination or argument, the precise nature of the immunity agreement and Johnson's obligations and motivations thereunder. 1992(See People v. Clair (1992) 2 Cal.4th 629, 663 [ 7 Cal. Rptr.2d 564 , 828 P.2d 705 ].) Defendant previously had full opportunity to explore, in cross-examination or argument, the precise nature of the immunity agreement and Johnson's obligations and motivations thereunder. | 1 | 1 |
People v. Le Beaugreen2 sentences1963The public defender withdrew and defendant was represented at the trial by counsel of his own choice. 3 As said in People v. Be Beau (1955) 136 Cal.App.2d 69, 71 [ 288 P.2d 294 ], “He is not specific concerning the precise nature of the instruction which he now claims should have been given and which at the trial he failed to mention or request. ’ ’ In Le Beau the defendant asserted that the officer’s identification of him was weak, as does defendant here concerning Mrs. Banchero’s identification of him. 1963The public defender withdrew and defendant was represented at the trial by counsel of his own choice. 3 As said in People v. Be Beau (1955) 136 Cal.App.2d 69, 71 [ 288 P.2d 294 ], “He is not specific concerning the precise nature of the instruction which he now claims should have been given and which at the trial he failed to mention or request. ’ ’ In Le Beau the defendant asserted that the officer’s identification of him was weak, as does defendant here concerning Mrs. Banchero’s identification of him. | 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. Merritt
green
2 sentences2022When the trial court fails to instruct a jury on an element of an offense, “[w]e must determine whether it is clear beyond a reasonable doubt that a rational jury would have rendered the same verdict absent the error.” (Merritt, supra, 2 Cal.5th at p. 831 .) Similarly, under “alternative-theory error” (where the jury is properly instructed both on a legally valid theory and on an erroneous one), a “reviewing court must reverse the conviction unless, after examining the entire cause, including the evidence, and considering all relevant circumstances, it determines the error was harmless beyond 2022When the trial court fails to instruct a jury on an element of an offense, “[w]e must determine whether it is clear beyond a reasonable doubt that a rational jury would have rendered the same verdict absent the error.” (Merritt, supra, 2 Cal.5th at p. 831 .) Similarly, under “alternative-theory error” (where the jury is properly instructed both on a legally valid theory and on an erroneous one), a “reviewing court must reverse the conviction unless, after examining the entire cause, including the evidence, and considering all relevant circumstances, it determines the error was harmless beyond | 2 | 2022–2022 |
People v. Aledamat
green
2 sentences2022When the trial court fails to instruct a jury on an element of an offense, “[w]e must determine whether it is clear beyond a reasonable doubt that a rational jury would have rendered the same verdict absent the error.” (Merritt, supra, 2 Cal.5th at p. 831 .) Similarly, under “alternative-theory error” (where the jury is properly instructed both on a legally valid theory and on an erroneous one), a “reviewing court must reverse the conviction unless, after examining the entire cause, including the evidence, and considering all relevant circumstances, it determines the error was harmless beyond 2022When the trial court fails to instruct a jury on an element of an offense, “[w]e must determine whether it is clear beyond a reasonable doubt that a rational jury would have rendered the same verdict absent the error.” (Merritt, supra, 2 Cal.5th at p. 831 .) Similarly, under “alternative-theory error” (where the jury is properly instructed both on a legally valid theory and on an erroneous one), a “reviewing court must reverse the conviction unless, after examining the entire cause, including the evidence, and considering all relevant circumstances, it determines the error was harmless beyond | 2 | 2022–2022 |
Haraguchi v. Superior Court
green
1 sentence2024The trial 11 court’s findings of fact are reviewed for substantial evidence, its conclusions of law are reviewed de novo, and its application of the law to the facts is reversible only if arbitrary and capricious.” (Haraguchi v. Superior Court (2008) 43 Cal.4th 706, 711-712 ; In re Marriage of DeSouza (2020) 54 Cal.App.5th 25 , 33 [same]; In re Marriage of Nakamoto & Hsu (2022) 79 Cal.App.5th 457 , 469 [same].) In this case, Claudia generally asserts that the trial court abused its discretion in modifying the existing custody order, but the precise nature of her claim is unclear from the openi | 1 | 2024–2024 |
Marriage of DeSouza
green
1 sentence2024The trial 11 court’s findings of fact are reviewed for substantial evidence, its conclusions of law are reviewed de novo, and its application of the law to the facts is reversible only if arbitrary and capricious.” (Haraguchi v. Superior Court (2008) 43 Cal.4th 706, 711-712 ; In re Marriage of DeSouza (2020) 54 Cal.App.5th 25 , 33 [same]; In re Marriage of Nakamoto & Hsu (2022) 79 Cal.App.5th 457 , 469 [same].) In this case, Claudia generally asserts that the trial court abused its discretion in modifying the existing custody order, but the precise nature of her claim is unclear from the openi | 1 | 2024–2024 |
Davenport v. Department of Motor Vehicles
green
1 sentence2023As explained in Davenport, “what is directly presumed is not the actual reliability of the test.” (Davenport, supra, 6 Cal.App.4th at p. 144 .) Rather, “what is actually presumed under Evidence Code [section] 664 is compliance with statutory and regulatory standards, which in turn gives rise to an inference of reliability.” (Ibid., italics omitted.) Proof that a test was completed in violation of a regulatory or statutory standard unrelated to reliability is therefore irrelevant because it would not meaningfully disrupt the inference that a test was reliable. | 1 | 2023–2023 |
Klopping v. City of Whittier
green
2 sentences1993(Cf. Klopping v. City of Whittier (1972) 8 Cal.3d 39 [ 104 Cal.Rptr. 1 , 500 P.2d 1345 ] [precondemnation publicity may lead to inverse condemnation damages].) At oral argument before this court the city reiterated its position that it is “enough” simply to promise adequate replacement housing rather than actually identify it. 19 The appellants in Sanguinetti attacked the plan as “ ‘legally and morally defective,’ ” but the precise nature of their challenge is not disclosed. 1993(Cf. Klopping v. City of Whittier (1972) 8 Cal.3d 39 [ 104 Cal.Rptr. 1 , 500 P.2d 1345 ] [precondemnation publicity may lead to inverse condemnation damages].) At oral argument before this court the city reiterated its position that it is “enough” simply to promise adequate replacement housing rather than actually identify it. 19 The appellants in Sanguinetti attacked the plan as “ ‘legally and morally defective,’ ” but the precise nature of their challenge is not disclosed. | 1 | 1993–1993 |
Sanguinetti v. City Council
green
1 sentence1993(See 231 Cal.App.2d at p. 822 .) 20 The displaced residents in Sanguinetti consisted of two groups. | 1 | 1993–1993 |
People v. Collie
red
1 sentence1984We agree with defendant that such a ruling violates the underlying reasoning of People v. Collie, supra, 30 Cal.3d 43 , and Brooks v. Tennessee, supra, 406 U.S. 605 , by interfering with defense counsel’s control over the presentation of his case and compelling the premature revelation of the precise nature of the defense. | 1 | 1984–1984 |
Brooks v. Tennessee
green
1 sentence1984We agree with defendant that such a ruling violates the underlying reasoning of People v. Collie, supra, 30 Cal.3d 43 , and Brooks v. Tennessee, supra, 406 U.S. 605 , by interfering with defense counsel’s control over the presentation of his case and compelling the premature revelation of the precise nature of the defense. | 1 | 1984–1984 |
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.