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9 California opinions name it 1 courts 2013–2023 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 |
|---|---|---|
People v. Giordanogreen1 sentence2023(See People v. Giordano (2007) 42 Cal.4th 644, 666 [“ ‘ “error must be affirmatively shown” ’ ”].) Anticipating that the issue may have been forfeited, Williams further contends that defense counsel’s failure to timely object constitutes ineffective assistance of counsel.14 To establish the ineffective assistance of counsel, a defendant must establish that his attorney’s representation fell below an objective standard of reasonableness under prevailing professional norms, and that he suffered prejudice. | 1 | 1 |
Deutschmann v. Sears, Roebuck & Co.green1 sentence2021(See Deutschmann v. Sears, Roebuck & Co. (1982) 132 Cal.App.3d 912, 916 [“courts have upheld the right of an intervener to pursue his independent litigation, [even] after dismissal of the plaintiff’s case”]; Lindelli v. Town of San Anselmo (2006) 139 Cal.App.4th 1499, 1504, 1516 [concluding attorneys had a right to intervene to pursue an attorney fees award]; Epstein v. Abrams (1997) 57 Cal.App.4th 1159, 1169-1170 [settlement in which parties attempted to appropriate attorney’s right to fees was not entitled to court 9 approval].) We therefore decline to dismiss the appeal based on the settlem | 1 | 1 |
Fundamental Investment Growth Shelter Realty Fund v. Gradowgreen1 sentence2021(See Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852 (Benach) [“An appellant must provide an argument and legal authority to support his contentions.”]; Fundamental Investment etc. Realty Fund v. Gradow (1994) 28 Cal.App.4th 966, 971 (Gradow) [appellant has the burden to affirmatively establish error].) To the contrary, as intervenors, Edwards and Hedges have an independent right to pursue their right to recover attorney fees and costs, and that right includes the right to pursue the present appeal. | 1 | 1 |
Benach v. County of Los Angelesgreen1 sentence2021(See Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852 (Benach) [“An appellant must provide an argument and legal authority to support his contentions.”]; Fundamental Investment etc. Realty Fund v. Gradow (1994) 28 Cal.App.4th 966, 971 (Gradow) [appellant has the burden to affirmatively establish error].) To the contrary, as intervenors, Edwards and Hedges have an independent right to pursue their right to recover attorney fees and costs, and that right includes the right to pursue the present appeal. | 1 | 1 |
Lindelli v. Town of San Anselmogreen1 sentence2021(See Deutschmann v. Sears, Roebuck & Co. (1982) 132 Cal.App.3d 912, 916 [“courts have upheld the right of an intervener to pursue his independent litigation, [even] after dismissal of the plaintiff’s case”]; Lindelli v. Town of San Anselmo (2006) 139 Cal.App.4th 1499, 1504, 1516 [concluding attorneys had a right to intervene to pursue an attorney fees award]; Epstein v. Abrams (1997) 57 Cal.App.4th 1159, 1169-1170 [settlement in which parties attempted to appropriate attorney’s right to fees was not entitled to court 9 approval].) We therefore decline to dismiss the appeal based on the settlem | 1 | 1 |
Epstein v. Abramsgreen1 sentence2021(See Deutschmann v. Sears, Roebuck & Co. (1982) 132 Cal.App.3d 912, 916 [“courts have upheld the right of an intervener to pursue his independent litigation, [even] after dismissal of the plaintiff’s case”]; Lindelli v. Town of San Anselmo (2006) 139 Cal.App.4th 1499, 1504, 1516 [concluding attorneys had a right to intervene to pursue an attorney fees award]; Epstein v. Abrams (1997) 57 Cal.App.4th 1159, 1169-1170 [settlement in which parties attempted to appropriate attorney’s right to fees was not entitled to court 9 approval].) We therefore decline to dismiss the appeal based on the settlem | 1 | 1 |
People v. Graygreen1 sentence2013(See People v. Gray (2005) 37 Cal.4th 168, 211 [claims grounded in facts outside the record can be raised by habeas petition]; In re Bower (1985) 38 Cal.3d 865, 872 .) 15 It is settled that on appeal, the appellant bears the burden to affirmatively establish error and then demonstrate that it resulted in a miscarriage of justice that requires reversal. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Paterno v. State
green
2 sentences2014(Aguayo v. Amaro (2013) 213 Cal.App.4th 1102, 1109 ; Paterno v. State of California (1999) 74 Cal.App.4th 68 , 105- 106.) Tony has failed to carry that burden. 2013(Cucinella v. Weston Biscuit Co. (1954) 42 Cal.2d 71, 82 ; Freeman v. Sullivant (2011) 192 Cal.App.4th 523, 528 ; Paterno v. State of California (1999) 74 Cal.App.4th 68, 105-106 ; Thompson v. Thames (1997) 57 Cal.App.4th 1296, 1308 ; see 9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, § 355, p. 409 [presumption of correctness; “error must be affirmatively shown”].) In short, given the record before us, defendant cannot satisfy his burden to establish that he was unaware of the right to a jury trial before counsel waived a jury or that counsel’s waiver was invalid. | 6 | 2013–2014 |
Cucinella v. Weston Biscuit Co.
green
2 sentences2013(Cucinella v. Weston Biscuit Co. (1954) 42 Cal.2d 71, 82 ; Freeman v. Sullivant (2011) 192 Cal.App.4th 523, 528 ; Paterno v. State of California (1999) 74 Cal.App.4th 68, 105-106 ; Thompson v. Thames (1997) 57 Cal.App.4th 1296, 1308 ; see 9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, § 355, p. 409 [presumption of correctness; “error must be affirmatively shown”].) In short, given the record before us, defendant cannot satisfy his burden to establish that he was unaware of the right to a jury trial before counsel waived a jury or that counsel’s waiver was invalid. 2013(Cucinella v. Weston Biscuit Co. (1954) 42 Cal.2d 71, 82 ; Freeman v. Sullivant 3 If, in fact, defendant was unaware of his right to a jury trial and would have opposed or did oppose counsel’s waiver, but the evidence to establish these facts lay outside the record on appeal, defendant had the alternative a remedy of habeas corpus to challenge his commitment on the ground of ineffective assistance of counsel. | 6 | 2013–2013 |
Freeman v. Sullivant
green
2 sentences2013(Cucinella v. Weston Biscuit Co. (1954) 42 Cal.2d 71, 82 ; Freeman v. Sullivant (2011) 192 Cal.App.4th 523, 528 ; Paterno v. State of California (1999) 74 Cal.App.4th 68, 105-106 ; Thompson v. Thames (1997) 57 Cal.App.4th 1296, 1308 ; see 9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, § 355, p. 409 [presumption of correctness; “error must be affirmatively shown”].) In short, given the record before us, defendant cannot satisfy his burden to establish that he was unaware of the right to a jury trial before counsel waived a jury or that counsel’s waiver was invalid. 2013(Cucinella v. Weston Biscuit Co. (1954) 42 Cal.2d 71, 82 ; Freeman v. Sullivant (2011) 192 Cal.App.4th 523, 528 ; Paterno v. State of California (1999) 74 Cal.App.4th 68, 105-106 ; Thompson v. Thames (1997) 57 Cal.App.4th 1296, 1308 ; see 9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, § 355, p. 409 [presumption of correctness; ―error must be affirmatively shown‖].) Here, the record does not suggest that defendant was unaware that counsel intended to waive a jury and had done so or that counsel acted without defendant‘s knowledge or consent or that defendant wanted a jury trial and objected (o | 5 | 2013–2013 |
Thompson v. Thames
green
2 sentences2013(Cucinella v. Weston Biscuit Co. (1954) 42 Cal.2d 71, 82 ; Freeman v. Sullivant (2011) 192 Cal.App.4th 523, 528 ; Paterno v. State of California (1999) 74 Cal.App.4th 68, 105-106 ; Thompson v. Thames (1997) 57 Cal.App.4th 1296, 1308 ; see 9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, § 355, p. 409 [presumption of correctness; “error must be affirmatively shown”].) In short, given the record before us, defendant cannot satisfy his burden to establish that he was unaware of the right to a jury trial before counsel waived a jury or that counsel’s waiver was invalid. 2013(Cucinella v. Weston Biscuit Co. (1954) 42 Cal.2d 71, 82 ; Freeman v. Sullivant (2011) 192 Cal.App.4th 523, 528 ; Paterno v. State of California (1999) 74 Cal.App.4th 68, 105-106 ; Thompson v. Thames (1997) 57 Cal.App.4th 1296, 1308 ; see 9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, § 355, p. 409 [presumption of correctness; ―error must be affirmatively shown‖].) Here, the record does not suggest that defendant was unaware that counsel intended to waive a jury and had done so or that counsel acted without defendant‘s knowledge or consent or that defendant wanted a jury trial and objected (o | 5 | 2013–2013 |
Aguayo v. Amaro
green
1 sentence2014(Aguayo v. Amaro (2013) 213 Cal.App.4th 1102, 1109 ; Paterno v. State of California (1999) 74 Cal.App.4th 68 , 105- 106.) Tony has failed to carry that burden. | 1 | 2014–2014 |
In Re Bower
green
1 sentence2013(See People v. Gray (2005) 37 Cal.4th 168, 211 [claims grounded in facts outside the record can be raised by habeas petition]; In re Bower (1985) 38 Cal.3d 865, 872 .) 15 It is settled that on appeal, the appellant bears the burden to affirmatively establish error and then demonstrate that it resulted in a miscarriage of justice that requires reversal. | 1 | 2013–2013 |
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.