weakness hearing in California

9 California opinions name it 2 courts 1955–2026 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.

Followed or applied (6)

Case	Followed	Cited
Kent v. United Statesgreen scotus · 1966 · cited in 2 California opinions naming this issue, 1976–1977 2 sentences 1977There is no irrebuttable presumption of accuracy attached to staff reports.’ (Kent v. United States, supra, 383 U.S. 541, 563 [ 16 L.Ed.2d 84, 98 ( 86 S.Ct. 1045 )].)” 4 In re Michael R., supra, 73 Cal.App.3d 327 , was decided by the same court that decided Romero . 1977There is no irrebuttable presumption of accuracy attached to staff reports.’ (Kent v. United States, supra, 383 U.S. 541, 563 [ 16 L.Ed.2d 84, 98 ( 86 S.Ct. 1045 )].)” 4 In re Michael R., supra, 73 Cal.App.3d 327 , was decided by the same court that decided Romero .	2	2
People v. Phillipsgreen calctapp · 1977 · cited in 2 California opinions naming this issue, 1978–1979 2 sentences 1979Unlike the situation in Calloway where a court could be misled by inclusion of mere police contacts in a report purportedly detailing past convictions, the information presented herein could not have so misled the juvenile court.” (Id., at pp. 720-721.) Finally, the court observed that should allegations of suspected involvement in other crimes be made without adequate factual support “counsel is free to exploit this weakness at the hearing.” (Id., at p. 721, fn. 18.) 164 In People v. Phillips (1977) 76 Cal.App.3d 207 [ 142 Cal.Rptr. 658 ], the probation report listed 10 arrests with indicati 1979Unlike the situation in Calloway where a court could be misled by inclusion of mere police contacts in a report purportedly detailing past convictions, the information presented herein could not have so misled the juvenile court.” (Id., at pp. 720-721.) Finally, the court observed that should allegations of suspected involvement in other crimes be made without adequate factual support “counsel is free to exploit this weakness at the hearing.” (Id., at p. 721, fn. 18.) 164 In People v. Phillips (1977) 76 Cal.App.3d 207 [ 142 Cal.Rptr. 658 ], the probation report listed 10 arrests with indicati	1	2
People v. Collinsgreen cal · 2010 · cited in 1 California opinions naming this issue, 2016–2016 1 sentence 2016(Id. at p. 482; see also People v. Collins, supra, 49 Cal.4th at p. 199 [given the limited nature of the improper remarks preceding the defendant’s own testimony, his argument he might have proceeded differently “is not persuasive”].) 16 no reason to pursue a mistrial.	1	1
People v. Whartongreen cal · 1991 · cited in 1 California opinions naming this issue, 2014–2014 1 sentence 2014(See People v. Wharton (1991) 53 Cal.3d 522, 572 [by finding the defendant guilty of first degree murder, the jury rejected a theory he “acted under the heat of passion—even if that state of mind was achieved after a considerable period of provocatory conduct”].) II.	1	1
People v. Famalarogreen cal · 2011 · cited in 1 California opinions naming this issue, 2014–2014 1 sentence 2014(See People v. Famalaro (2011) 52 Cal.4th 1, 36 [jury could infer consciousness of guilt from the defendant’s attempts to conceal evidence in first degree murder prosecution].) In light of the significant evidence supporting the jury’s verdict, and, as explained above, the weakness of a defense based on provocation over a period of time or a defense based on provocation by Moore, appellant has not shown a reasonable probability he would have been convicted of second degree murder or voluntary manslaughter had trial counsel presented a different theory of provocation.	1	1
Laisne v. California State Board of Optometrygreen cal · 1942 · cited in 1 California opinions naming this issue, 1955–1955 2 sentences 1955(Laisne v. State Board of Optometry, 19 Cal.2d 831, 845-846 [ 123 P.2d 457 ].) Section 1094.5 is a codification of the procedure vised for reviewing the adjudications of state-wide administrative agencies in the series of cases beginning with Standard Oil Co. v. State Board of Equalization, 6 Cal.2d 557 [ 59 P.2d 119 ], which arose before the enactment of the Administrative Procedure Act. 1955(Laisne v. State Board of Optometry, 19 Cal.2d 831, 845-846 [ 123 P.2d 457 ].) Section 1094.5 is a codification of the procedure vised for reviewing the adjudications of state-wide administrative agencies in the series of cases beginning with Standard Oil Co. v. State Board of Equalization, 6 Cal.2d 557 [ 59 P.2d 119 ], which arose before the enactment of the Administrative Procedure Act.	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

Case	Cited	Years
People v. Chi Ko Wong green cal · 1976 2 sentences 1978“Unlike the situation in Calloway where a court could be misled by inclusion of mere police contacts in a report purportedly detailing past convictions, the information presented herein could not have so misled the juvenile court.18” (People v. Chi Ko Wong, supra, 18 Cal.3d 698, 721 .) Footnote 18 of the quoted passage provides: “Should allegations of suspected involvement in other crimes be made without adequate factual support, counsel is free to exploit this weakness at the hearing. ‘[I]f the staff’s submissions include materials which are susceptible to challenge or impeachment, it is prec 1977Draft 1970) p. 37.)” (People v. Calloway, supra, 37 Cal.App.3d at p. 908 .) 3 In People v. Chi Ko Wong, supra, 18 Cal.3d at page 721 , footnote 18, the court stated: “Should allegations of suspected involvement in other crimes be made without adequate factual support, counsel is free to exploit this weakness at the hearing. ‘[I]f the staff’s submissions include materials which are susceptible to challenge or impeachment, it is precisely the role of counsel to “denigrate” such matter.	2	1977–1978
People v. Calloway green calctapp · 1974 2 sentences 1977Draft 1970) p. 37.)” (People v. Calloway, supra, 37 Cal.App.3d at p. 908 .) 3 In People v. Chi Ko Wong, supra, 18 Cal.3d at page 721 , footnote 18, the court stated: “Should allegations of suspected involvement in other crimes be made without adequate factual support, counsel is free to exploit this weakness at the hearing. ‘[I]f the staff’s submissions include materials which are susceptible to challenge or impeachment, it is precisely the role of counsel to “denigrate” such matter. 1976Draft 1970) p. 37.)” (People v. Calloway, supra, 37 Cal.App.3d 905, 908 ; italics added.) 18 Should allegations of suspected involvement in other crimes be made without adequate factual support, counsel is free to exploit this weakness at the hearing. “[I]f the staff’s submissions include materials which are susceptible to challenge or impeachment, it is precisely the role of counsel to ‘denigrate’ such matter.	2	1976–1977
Mesnick v. Caton green calctapp · 1986 1 sentence 2026(Mesnick v. Caton (1986) 183 Cal.App.3d 1248, 1260 .) Thus, it is irrelevant that WCST did not produce such evidence. 15 First, Ling argues the trial court improperly quieted title in WCST’s favor based on the weakness of her claim rather than the strength of its claim.	1	2026–2026
People v. Hendrix green cal · 2022 2 sentences 2026(See People v. Fleming, supra, 27 Cal.App.5th at p. 770 ; In re Lopez (2023) 14 Cal.5th 562 , 580; People v. Chun (2009) 45 Cal.4th 1172, 1201 , superseded by statute on another ground as stated in People v. Lamoureux (2019) 42 Cal.App.5th 241 , 247–249.) 30 Our Supreme Court’s decision in Hendrix, supra, 13 Cal.5th 933 is instructive. 2026(See People v. Fleming, supra, 27 Cal.App.5th at p. 770 ; In re Lopez (2023) 14 Cal.5th 562 , 580; People v. Chun (2009) 45 Cal.4th 1172, 1201 , superseded by statute on another ground as stated in People v. Lamoureux (2019) 42 Cal.App.5th 241 , 247–249.) 30 Our Supreme Court’s decision in Hendrix, supra, 13 Cal.5th 933 is instructive.	1	2026–2026
People v. Wilkins green cal · 2013 1 sentence 2026(People v. Wilkins, supra, 56 Cal.4th at p. 351 .) The Attorney General argues that any error was harmless under Watson, “[g]iven the strong evidence of [Brim]’s guilt, and the weakness of his defense.” He further asserts that Brim’s “inconsistent and implausible testimony painted appellant as a liar, rendering his defense entirely incredible.” We cannot agree. 19 To the extent that the trial court’s failure to clear up the jury’s confusion allowed it to convict Brim of murder based on this invalid theory, reversal is required.	1	2026–2026
People v. Fleming green calctapp5d · 2018 1 sentence 2026(See People v. Fleming, supra, 27 Cal.App.5th at p. 770 ; In re Lopez (2023) 14 Cal.5th 562 , 580; People v. Chun (2009) 45 Cal.4th 1172, 1201 , superseded by statute on another ground as stated in People v. Lamoureux (2019) 42 Cal.App.5th 241 , 247–249.) 30 Our Supreme Court’s decision in Hendrix, supra, 13 Cal.5th 933 is instructive.	1	2026–2026
People v. Chun red cal · 2009 1 sentence 2026(See People v. Fleming, supra, 27 Cal.App.5th at p. 770 ; In re Lopez (2023) 14 Cal.5th 562 , 580; People v. Chun (2009) 45 Cal.4th 1172, 1201 , superseded by statute on another ground as stated in People v. Lamoureux (2019) 42 Cal.App.5th 241 , 247–249.) 30 Our Supreme Court’s decision in Hendrix, supra, 13 Cal.5th 933 is instructive.	1	2026–2026
Fare v. Michael R. green calctapp · 1977 1 sentence 1977There is no irrebuttable presumption of accuracy attached to staff reports.’ (Kent v. United States, supra, 383 U.S. 541, 563 [ 16 L.Ed.2d 84, 98 ( 86 S.Ct. 1045 )].)” 4 In re Michael R., supra, 73 Cal.App.3d 327 , was decided by the same court that decided Romero .	1	1977–1977
Standard Oil Co. v. State Board of Equalization green cal · 1936 2 sentences 1955(Laisne v. State Board of Optometry, 19 Cal.2d 831, 845-846 [ 123 P.2d 457 ].) Section 1094.5 is a codification of the procedure vised for reviewing the adjudications of state-wide administrative agencies in the series of cases beginning with Standard Oil Co. v. State Board of Equalization, 6 Cal.2d 557 [ 59 P.2d 119 ], which arose before the enactment of the Administrative Procedure Act. 1955(Laisne v. State Board of Optometry, 19 Cal.2d 831, 845-846 [ 123 P.2d 457 ].) Section 1094.5 is a codification of the procedure vised for reviewing the adjudications of state-wide administrative agencies in the series of cases beginning with Standard Oil Co. v. State Board of Equalization, 6 Cal.2d 557 [ 59 P.2d 119 ], which arose before the enactment of the Administrative Procedure Act.	1	1955–1955

Where else courts name it

CA 9 (1955–2026) CT 6 (1946–2021) FL 4 (2007–2018) DC 4 (2000–2001) NY 4 (1926–1998) MI 4 (1989–2025) WA 3 (1918–2015) KS 3 (1949–2021) OH 3 (1998–2018) MA 3 (1992–2003) GA 3 (1907–2001) IL 3 (1965–2020) PA 2 (1996–2015) NE 2 (1955–1991) MS 2 (1874–1995) MO 2 (1971–1980) AK 2 (2000–2007) WI 2 (1977–2024) TX 2 (1980–2017)

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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