essentially defendant (California) · Go Syfert
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essentially defendant in California

9 California opinions name it 2 courts 1965–2016 0 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.

Followed or applied (5)

CaseFollowedCited
People v. Hamedgreen
calctapp · 2013 · cited in 1 California opinions naming this issue, 2016–2016
1 sentence

2016(See People v. Hamed (2013) 221 Cal.App.4th 928, 941 [unauthorized sentence may be corrected even when raised for first time on appeal].) Hence, we need not address the ineffective assistance of counsel claim in the opening brief, and we will deny Banks’s habeas corpus petition as moot. 5 involved two distinct criminal acts committed in a single course of conduct: one act of forcible oral copulation involving appellant and a second act of forcible oral copulation in concert involving appellant and ‘Mr. McHenry,’ the second suspect.

11
People v. Samuelsgreen
cal · 2005 · cited in 1 California opinions naming this issue, 2009–2009
2 sentences

2009(People v. Samuels (2005) 36 Cal.4th 96, 114 [ 30 Cal.Rptr.3d 105 , 113 P.3d 1125 ]; see People v. Chatman (2006) 38 Cal.4th 344, 362-363 [ 42 Cal.Rptr.3d 621 , 133 P.3d 534 ].) It also is without merit.

2009(People v. Samuels (2005) 36 Cal.4th 96, 114 [ 30 Cal.Rptr.3d 105 , 113 P.3d 1125 ]; see People v. Chatman (2006) 38 Cal.4th 344, 362-363 [ 42 Cal.Rptr.3d 621 , 133 P.3d 534 ].) It also is without merit.

11
People v. Chatmangreen
cal · 2006 · cited in 1 California opinions naming this issue, 2009–2009
2 sentences

2009(People v. Samuels (2005) 36 Cal.4th 96, 114 [ 30 Cal.Rptr.3d 105 , 113 P.3d 1125 ]; see People v. Chatman (2006) 38 Cal.4th 344, 362-363 [ 42 Cal.Rptr.3d 621 , 133 P.3d 534 ].) It also is without merit.

2009(People v. Samuels (2005) 36 Cal.4th 96, 114 [ 30 Cal.Rptr.3d 105 , 113 P.3d 1125 ]; see People v. Chatman (2006) 38 Cal.4th 344, 362-363 [ 42 Cal.Rptr.3d 621 , 133 P.3d 534 ].) It also is without merit.

11
In Re Marriage of Flahertygreen
cal · 1982 · cited in 1 California opinions naming this issue, 2003–2003
1 sentence

2003(Flaherty, supra, 31 Cal.3d at p. 650 [appeal is frivolous and subject to sanction “only when it is prosecuted for an improper motive—to harass the respondent or delay the effect of an adverse judgment—or when it indisputably has no merit—when any reasonable attorney would agree that the appeal is totally and completely without merit”].) The People argue the Code of Civil Procedure’s definition is overly broad; that it “would mandate a hearing whenever there was any evidence, however slight, in support of the defendant’s position” including the defendant’s own handwritten letter.

11
People v. Leighgreen
calctapp · 1985 · cited in 1 California opinions naming this issue, 1986–1986
2 sentences

1986(People v. Scott (1985) 173 Cal.App.3d 937 , *1207 940-942 [ 219 Cal.Rptr. 322 ]; People v. Leigh (1985) 168 Cal.App.3d 217, 220-221 [ 214 Cal.Rptr. 61 ].) We apply the familiar substantial evidence test as to the entire record on appeal to determine whether a reasonable trier of fact could have found the special circumstance to be true beyond a reasonable doubt.

1986(People v. Scott (1985) 173 Cal.App.3d 937 , *1207 940-942 [ 219 Cal.Rptr. 322 ]; People v. Leigh (1985) 168 Cal.App.3d 217, 220-221 [ 214 Cal.Rptr. 61 ].) We apply the familiar substantial evidence test as to the entire record on appeal to determine whether a reasonable trier of fact could have found the special circumstance to be true beyond a reasonable doubt.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Glasser v. United States green
scotus · 1942
2 sentences

1965He cites such cases as Glasser v. United States, 315 U.S. 60 [ 62 S.Ct. 457 , 86 L.Ed. 680 ]; People v. Douglas, 61 Cal.2d 430 [ 38 Cal.Rptr. 884 , 392 P.2d 964 ]; People v. Robinson, 42 Cal.2d 741 [ 269 P.2d 6 ]; and People v. Lanigan, 22 Cal.2d 569 [ 140 P.2d 24 , 148 A.L.R. 176 ].

1965He cites such cases as Glasser v. United States, 315 U.S. 60 [ 62 S.Ct. 457 , 86 L.Ed. 680 ]; People v. Douglas, 61 Cal.2d 430 [ 38 Cal.Rptr. 884 , 392 P.2d 964 ]; People v. Robinson, 42 Cal.2d 741 [ 269 P.2d 6 ]; and People v. Lanigan, 22 Cal.2d 569 [ 140 P.2d 24 , 148 A.L.R. 176 ].

21965–1965
People v. Lanigan green
cal · 1943
2 sentences

1965He cites such cases as Glasser v. United States, 315 U.S. 60 [ 62 S.Ct. 457 , 86 L.Ed. 680 ]; People v. Douglas, 61 Cal.2d 430 [ 38 Cal.Rptr. 884 , 392 P.2d 964 ]; People v. Robinson, 42 Cal.2d 741 [ 269 P.2d 6 ]; and People v. Lanigan, 22 Cal.2d 569 [ 140 P.2d 24 , 148 A.L.R. 176 ].

1965He cites such cases as Glasser v. United States, 315 U.S. 60 [ 62 S.Ct. 457 , 86 L.Ed. 680 ]; People v. Douglas, 61 Cal.2d 430 [ 38 Cal.Rptr. 884 , 392 P.2d 964 ]; People v. Robinson, 42 Cal.2d 741 [ 269 P.2d 6 ]; and People v. Lanigan, 22 Cal.2d 569 [ 140 P.2d 24 , 148 A.L.R. 176 ].

21965–1965
People v. Robinson green
cal · 1954
2 sentences

1965He cites such cases as Glasser v. United States, 315 U.S. 60 [ 62 S.Ct. 457 , 86 L.Ed. 680 ]; People v. Douglas, 61 Cal.2d 430 [ 38 Cal.Rptr. 884 , 392 P.2d 964 ]; People v. Robinson, 42 Cal.2d 741 [ 269 P.2d 6 ]; and People v. Lanigan, 22 Cal.2d 569 [ 140 P.2d 24 , 148 A.L.R. 176 ].

1965He cites such cases as Glasser v. United States, 315 U.S. 60 [ 62 S.Ct. 457 , 86 L.Ed. 680 ]; People v. Douglas, 61 Cal.2d 430 [ 38 Cal.Rptr. 884 , 392 P.2d 964 ]; People v. Robinson, 42 Cal.2d 741 [ 269 P.2d 6 ]; and People v. Lanigan, 22 Cal.2d 569 [ 140 P.2d 24 , 148 A.L.R. 176 ].

21965–1965
People v. Douglas green
cal · 1964
2 sentences

1965He cites such cases as Glasser v. United States, 315 U.S. 60 [ 62 S.Ct. 457 , 86 L.Ed. 680 ]; People v. Douglas, 61 Cal.2d 430 [ 38 Cal.Rptr. 884 , 392 P.2d 964 ]; People v. Robinson, 42 Cal.2d 741 [ 269 P.2d 6 ]; and People v. Lanigan, 22 Cal.2d 569 [ 140 P.2d 24 , 148 A.L.R. 176 ].

1965He cites such cases as Glasser v. United States, 315 U.S. 60 [ 62 S.Ct. 457 , 86 L.Ed. 680 ]; People v. Douglas, 61 Cal.2d 430 [ 38 Cal.Rptr. 884 , 392 P.2d 964 ]; People v. Robinson, 42 Cal.2d 741 [ 269 P.2d 6 ]; and People v. Lanigan, 22 Cal.2d 569 [ 140 P.2d 24 , 148 A.L.R. 176 ].

21965–1965
Jakks Pacific, Inc. v. Superior Court green
calctapp · 2008
1 sentence

2013(See Jakks Pacific, Inc. v. Superior Court (2008) 160 Cal.App.4th 596, 603 .) A notice of disqualification can be based upon any subdivision of section 1281.9, results in automatic disqualification upon service, and is subject to a 15-day deadline. (§ 1281.91, subds. (a), (b).) A demand for disqualification can be made outside of the 15-day window upon the grounds specified in section 170.1 for disqualification of a judge. (§ 1281.91, subd. (d).) “If any ground specified in Section 170.1 exists, a neutral arbitrator shall disqualify himself or herself upon the demand of any party made before t

12013–2013
Gemini Aluminum Corp. v. California Custom Shapes, Inc. green
calctapp · 2002
1 sentence

2003Code of Civil Procedure section 128.5, subdivision (b)(2) defines “frivolous” to mean “(A) totally and completely without merit or (B) for the sole purpose of harassing an opposing party.” Whether action taken by a party or party’s attorney is frivolous under that statute “ ‘is governed by an objective standard: Any reasonable attorney would agree it is totally and completely without merit.’ ” (Gemini Aluminum Corp. v. California Custom Shapes, Inc. (2002) 95 *350 Cal.App.4th 1249, 1262 [ 116 Cal.Rptr.2d 358 ].) 5 This is essentially the standard used by the Flaherty court.

12003–2003
People v. Scott neutral
calctapp · 1985
2 sentences

1986(People v. Scott (1985) 173 Cal.App.3d 937 , *1207 940-942 [ 219 Cal.Rptr. 322 ]; People v. Leigh (1985) 168 Cal.App.3d 217, 220-221 [ 214 Cal.Rptr. 61 ].) We apply the familiar substantial evidence test as to the entire record on appeal to determine whether a reasonable trier of fact could have found the special circumstance to be true beyond a reasonable doubt.

1986(People v. Scott (1985) 173 Cal.App.3d 937 , *1207 940-942 [ 219 Cal.Rptr. 322 ]; People v. Leigh (1985) 168 Cal.App.3d 217, 220-221 [ 214 Cal.Rptr. 61 ].) We apply the familiar substantial evidence test as to the entire record on appeal to determine whether a reasonable trier of fact could have found the special circumstance to be true beyond a reasonable doubt.

11986–1986
Rockwell v. Superior Court green
cal · 1976
2 sentences

1978Essentially defendant makes three contentions on this appeal: (1) that the exclusion, prior to the guilt phase of defendant’s trial, of prospective jurors who expressed conscientious scruples against capital punishment to the extent that they could not vote for the death penalty irrespective of the evidence, amounted to a denial of his constitutional rights to due process of law, equal protection of the laws and a right to an impartial trial by jury; (2) that the trial court erred in permitting the prosecutor to introduce evidence of defendant’s assault on a police officer upon defendant’s ini

1978Essentially defendant makes three contentions on this appeal: (1) that the exclusion, prior to the guilt phase of defendant’s trial, of prospective jurors who expressed conscientious scruples against capital punishment to the extent that they could not vote for the death penalty irrespective of the evidence, amounted to a denial of his constitutional rights to due process of law, equal protection of the laws and a right to an impartial trial by jury; (2) that the trial court erred in permitting the prosecutor to introduce evidence of defendant’s assault on a police officer upon defendant’s ini

11978–1978
People v. Rose green
calctapp · 1919
2 sentences

1973It is not true that one could not be convicted of theft based upon a representation that a fraudulent check was good. 'In People v. Rose, 42 Cal.App. 540 [ 183 P. 874 ], such a conviction was upheld based upon an explicit declaration the check was good.

1973It is not true that one could not be convicted of theft based upon a representation that a fraudulent check was good. 'In People v. Rose, 42 Cal.App. 540 [ 183 P. 874 ], such a conviction was upheld based upon an explicit declaration the check was good.

11973–1973

Where else courts name it

CA 9 (1965–2016) PA 7 (1953–2019) WI 7 (1977–2021) TX 6 (1984–2021) HI 5 (1970–2014) IL 5 (1974–2014) IN 5 (1887–2020) TN 4 (1974–2019) AK 3 (1974–2012) MO 3 (1991–2017) MS 2 (1995–2000) NY 2 (1985–2016) NE 2 (1997–2023) AZ 2 (1985–1994) UT 2 (2011–2013) MA 2 (1985–2025) IA 2 (2014–2016) WV 2 (1981–1991) FL 2 (1991–2016) MI 2 (2019–2025) LA 2 (1983–1984)

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.

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