kinds factors (California) · Go Syfert
← California issues

kinds factors in California

9 California opinions name it 2 courts 1965–2021 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.

Followed or applied (6)

CaseFollowedCited
People v. Friendred
cal · 1957 · cited in 3 California opinions naming this issue, 1965–1969
2 sentences

1969(See People v. Friend, 47 Cal.2d 749, 767-768 [ 306 P.2d 463 ]; Model Pen.

1969(See People v. Friend, 47 Cal.2d 749, 767-768 [ 306 P.2d 463 ]; Model Pen.

33
People v. Dominguezgreen
cal · 2006 · cited in 2 California opinions naming this issue, 2017–2017
2 sentences

2017(See People v. Dominguez (2006) 39 Cal.4th 1141 , 1151-1152, 47 Cal.Rptr.3d 575 , 140 P.3d 866 [summarizing the standard applied in determining the asportation element of aggravated kidnapping; explaining that "the jury must 'consider [ ] the "scope and nature" of the movement,' as well as 'the context of the environment in which the movement occurred' " (italics omitted) & articulating "various circumstances the jury should consider, such as whether the movement decreases the likelihood of detection, increases the danger inherent in a victim's foreseeable attempts to escape, or enhances the a

2017(See People v. Dominguez (2006) 39 Cal.4th 1141 , 1151-1152, 47 Cal.Rptr.3d 575 , 140 P.3d 866 [summarizing the standard applied in determining the asportation element of aggravated kidnapping; explaining that "the jury must 'consider [ ] the "scope and nature" of the movement,' as well as 'the context of the environment in which the movement occurred' " (italics omitted) & articulating "various circumstances the jury should consider, such as whether the movement decreases the likelihood of detection, increases the danger inherent in a victim's foreseeable attempts to escape, or enhances the a

12
People v. Leavelgreen
calctapp · 2012 · cited in 2 California opinions naming this issue, 2017–2017
2 sentences

2017(See People v. Dominguez (2006) 39 Cal.4th 1141 , 1151-1152, 47 Cal.Rptr.3d 575 , 140 P.3d 866 [summarizing the standard applied in determining the asportation element of aggravated kidnapping; explaining that "the jury must 'consider [ ] the "scope and nature" of the movement,' as well as 'the context of the environment in which the movement occurred' " (italics omitted) & articulating "various circumstances the jury should consider, such as whether the movement decreases the likelihood of detection, increases the danger inherent in a victim's foreseeable attempts to escape, or enhances the a

2017(See People v. Dominguez (2006) 39 Cal.4th 1141 , 1151-1152, 47 Cal.Rptr.3d 575 , 140 P.3d 866 [summarizing the standard applied in determining the asportation element of aggravated kidnapping; explaining that "the jury must 'consider [ ] the "scope and nature" of the movement,' as well as 'the context of the environment in which the movement occurred' " (italics omitted) & articulating "various circumstances the jury should consider, such as whether the movement decreases the likelihood of detection, increases the danger inherent in a victim's foreseeable attempts to escape, or enhances the a

12
People v. Powergreen
calctapp · 2008 · cited in 2 California opinions naming this issue, 2017–2017
2 sentences

2017(See People v. Dominguez (2006) 39 Cal.4th 1141 , 1151-1152, 47 Cal.Rptr.3d 575 , 140 P.3d 866 [summarizing the standard applied in determining the asportation element of aggravated kidnapping; explaining that "the jury must 'consider [ ] the "scope and nature" of the movement,' as well as 'the context of the environment in which the movement occurred' " (italics omitted) & articulating "various circumstances the jury should consider, such as whether the movement decreases the likelihood of detection, increases the danger inherent in a victim's foreseeable attempts to escape, or enhances the a

2017(See People v. Dominguez (2006) 39 Cal.4th 1141 , 1151-1152, 47 Cal.Rptr.3d 575 , 140 P.3d 866 [summarizing the standard applied in determining the asportation element of aggravated kidnapping; explaining that "the jury must 'consider [ ] the "scope and nature" of the movement,' as well as 'the context of the environment in which the movement occurred' " (italics omitted) & articulating "various circumstances the jury should consider, such as whether the movement decreases the likelihood of detection, increases the danger inherent in a victim's foreseeable attempts to escape, or enhances the a

12
People v. Vinesred
cal · 2011 · cited in 2 California opinions naming this issue, 2017–2017
2 sentences

2017(See People v. Dominguez (2006) 39 Cal.4th 1141 , 1151-1152, 47 Cal.Rptr.3d 575 , 140 P.3d 866 [summarizing the standard applied in determining the asportation element of aggravated kidnapping; explaining that "the jury must 'consider [ ] the "scope and nature" of the movement,' as well as 'the context of the environment in which the movement occurred' " (italics omitted) & articulating "various circumstances the jury should consider, such as whether the movement decreases the likelihood of detection, increases the danger inherent in a victim's foreseeable attempts to escape, or enhances the a

2017(See People v. Dominguez (2006) 39 Cal.4th 1141 , 1151-1152, 47 Cal.Rptr.3d 575 , 140 P.3d 866 [summarizing the standard applied in determining the asportation element of aggravated kidnapping; explaining that "the jury must 'consider [ ] the "scope and nature" of the movement,' as well as 'the context of the environment in which the movement occurred' " (italics omitted) & articulating "various circumstances the jury should consider, such as whether the movement decreases the likelihood of detection, increases the danger inherent in a victim's foreseeable attempts to escape, or enhances the a

12
People v. Conleyred
cal · 1966 · cited in 1 California opinions naming this issue, 1973–1973
2 sentences

1973(People v. Conley, 64 Cal.2d 310, 324-326, fn. 4 [ 49 Cal.Rptr. 815 , 411 P.2d 911 ].) This contention involves the complex subject of the kinds of instruction required where diminished capacity to form a specific mental intent is the issue in a homicide case.

1973(People v. Conley, 64 Cal.2d 310, 324-326, fn. 4 [ 49 Cal.Rptr. 815 , 411 P.2d 911 ].) This contention involves the complex subject of the kinds of instruction required where diminished capacity to form a specific mental intent is the issue in a homicide case.

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 (7)

CaseCitedYears
Johnson v. United States green
scotus · 2015
2 sentences

2021(Johnson, supra, 576 U.S. at p. 598 .) The Johnson majority pointed out that in three of the court’s previous four decisions on the residual clause, “we found it necessary to resort to a different ad hoc test to guide our inquiry.” (Ibid.) Further, lower federal courts found the residual clause “ ‘nearly impossible to apply consistently,’ ” and their decisions indicated “pervasive disagreement about the nature of the inquiry one is supposed to conduct and the kinds of factors one is supposed to consider.” (Id. at p. 601.) It is relevant that California appellate court decisions on aggravated k

2021The jury here also asked for a definition of “minor or moderate bodily harm.” 13 majority observed, “even clear laws produce close cases.” ( 576 U.S. at p. 601 .) The problem with the residual clause was that cases demonstrated a “pervasive disagreement about the nature of the inquiry one is supposed to conduct and the kinds of factors one is supposed to consider.” (Ibid.) The Ledesma court explained, “In contrast, California cases on the asportation element of aggravated kidnapping . . . show broad agreement on both the nature of the inquiry required and the relevant factors to evaluate when

32017–2021
People v. Ledesma green
calctapp · 2017
1 sentence

2021The jury here also asked for a definition of “minor or moderate bodily harm.” 13 majority observed, “even clear laws produce close cases.” ( 576 U.S. at p. 601 .) The problem with the residual clause was that cases demonstrated a “pervasive disagreement about the nature of the inquiry one is supposed to conduct and the kinds of factors one is supposed to consider.” (Ibid.) The Ledesma court explained, “In contrast, California cases on the asportation element of aggravated kidnapping . . . show broad agreement on both the nature of the inquiry required and the relevant factors to evaluate when

12021–2021
Sessions v. Dimaya green
scotus · 2018
1 sentence

2021The jury here also asked for a definition of “minor or moderate bodily harm.” 13 majority observed, “even clear laws produce close cases.” ( 576 U.S. at p. 601 .) The problem with the residual clause was that cases demonstrated a “pervasive disagreement about the nature of the inquiry one is supposed to conduct and the kinds of factors one is supposed to consider.” (Ibid.) The Ledesma court explained, “In contrast, California cases on the asportation element of aggravated kidnapping . . . show broad agreement on both the nature of the inquiry required and the relevant factors to evaluate when

12021–2021
County of Orange v. FST Sand & Gravel, Inc. green
calctapp · 1998
2 sentences

1998This is a companion case to County of Orange v. FST Sand & Gravel, Inc. (1998) 63 Cal.App.4th 353 [ 73 Cal.Rptr.2d 633 ] (FST Sand & Gravel), which we also decide today. (1) Both cases involve the question of whether a claim by a public entity is a “covered claim” for purposes of section 1063.1, subdivision (c)(4) (formerly subdivision (c)(3)) of the Insurance Code, 1 which limits the kinds of claim which the California Insurance Guarantee Association (CIGA) is potentially liable to indemnify.

1998This is a companion case to County of Orange v. FST Sand & Gravel, Inc. (1998) 63 Cal.App.4th 353 [ 73 Cal.Rptr.2d 633 ] (FST Sand & Gravel), which we also decide today. (1) Both cases involve the question of whether a claim by a public entity is a “covered claim” for purposes of section 1063.1, subdivision (c)(4) (formerly subdivision (c)(3)) of the Insurance Code, 1 which limits the kinds of claim which the California Insurance Guarantee Association (CIGA) is potentially liable to indemnify.

11998–1998
Finn v. G. D. Searle & Co. green
cal · 1984
2 sentences

1991Davis v. Wyeth Laboratories, Inc. (9th Cir.1968) 399 F.2d 121, 129-130 , described the need to warn in order to provide "true choice": "When, in a particular case, the risk qualitatively (e.g., of death or major disability) as well as quantitatively, on balance with the end sought to be achieved, is such as to call for a true choice judgment, medical or personal, the warning must be given. [Fn. omitted.]" (See also Finn, supra, 35 Cal.3d at pp. 699-700, on the kinds of warnings and their implications.) Thus, the fact that a manufacturer acted as a reasonably prudent manufacturer in deciding no

1991Davis v. Wyeth Laboratories, Inc. (9th Cir. 1968) 399 F.2d 121, 129-130 , described the need to warn in order to provide “true choice”: “When, in a particular case, the risk qualitatively (e.g., of death or major disability) as well as quantitatively, on balance with the end sought to be achieved, is such as to call for a true choice judgment, medical or personal, the warning must be given. [Fn. omitted.]” (See also Finn, supra, 35 Cal.3d at pp. 699-700, on the kinds of warnings and their implications.) Thus, the fact that a manufacturer acted as a reasonably prudent manufacturer in deciding n

11991–1991
Davis v. Wyeth Laboratories, Inc. green
ca9 · 1968
2 sentences

1991Davis v. Wyeth Laboratories, Inc. (9th Cir.1968) 399 F.2d 121, 129-130 , described the need to warn in order to provide "true choice": "When, in a particular case, the risk qualitatively (e.g., of death or major disability) as well as quantitatively, on balance with the end sought to be achieved, is such as to call for a true choice judgment, medical or personal, the warning must be given. [Fn. omitted.]" (See also Finn, supra, 35 Cal.3d at pp. 699-700, on the kinds of warnings and their implications.) Thus, the fact that a manufacturer acted as a reasonably prudent manufacturer in deciding no

1991Davis v. Wyeth Laboratories, Inc. (9th Cir. 1968) 399 F.2d 121, 129-130 , described the need to warn in order to provide “true choice”: “When, in a particular case, the risk qualitatively (e.g., of death or major disability) as well as quantitatively, on balance with the end sought to be achieved, is such as to call for a true choice judgment, medical or personal, the warning must be given. [Fn. omitted.]” (See also Finn, supra, 35 Cal.3d at pp. 699-700, on the kinds of warnings and their implications.) Thus, the fact that a manufacturer acted as a reasonably prudent manufacturer in deciding n

11991–1991
People v. Polk green
cal · 1965
1 sentence

1969Recitation of such factors by the trial court is therefore not essential.” Nor was the court required to give the instructions requested by defendant, even had his request been in writing and timely. 4 We noted in People v. Polk, supra, 63 Cal.2d 443 , 451, that “The trial court may . . . properly aid the jury by stating the kinds of factors that may be considered, thereby setting the tone for the jury’s deliberation.

11969–1969

Statutes the citing opinions construe

CA § Cal. Penal Code § 1239 (3) CA § Cal. Vehicle Code § 22350 (3) USC § 18u.s.c.924 (3)

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.

Where else courts name it

CA 9 (1965–2021) OH 6 (1996–2020) NJ 4 (1977–2021) OR 4 (1984–2004) TX 3 (2001–2006) CO 3 (2005–2006) UT 2 (2022–2022)

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.

← Caselaw search · G Cite Topics · Brief Check