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8 California opinions name it 2 courts 1946–2014 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.
| Case | Followed | Cited |
|---|---|---|
Hearn v. Stategreen2 sentences2011Spitzer v. Cain (S.D.N.Y. 2006) 418 F.Supp.2d 457, 479 [“The relevant intent is the intent to communicate a threat, not as defense counsel maintains, the intent to threaten.”]; Citizen Publishing Co. v. Miller (2005) 210 Ariz. 513 [ 115 P.3d 107, 114 ] [under Arizona’s test, which is “substantially similar” to Black , “ ‘true threats’ are those statements made ‘in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily h 2011Spitzer v. Cain (S.D.N.Y. 2006) 418 F.Supp.2d 457, 479 ["The relevant intent is the intent to communicate a threat, not as defense counsel maintains, the intent to threaten."]; Citizen Publishing Co. v. Miller (2005) 210 Ariz. 513 [ 115 P.3d 107, 114 ] [under Arizona's test, which is "substantially similar" to Black , "`true threats' are those statements made `in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily ha | 1 | 1 |
People v. Stanleygreen2 sentences2011Spitzer v. Cain (S.D.N.Y. 2006) 418 F.Supp.2d 457, 479 [“The relevant intent is the intent to communicate a threat, not as defense counsel maintains, the intent to threaten.”]; Citizen Publishing Co. v. Miller (2005) 210 Ariz. 513 [ 115 P.3d 107, 114 ] [under Arizona’s test, which is “substantially similar” to Black , “ ‘true threats’ are those statements made ‘in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily h 2011Spitzer v. Cain (S.D.N.Y. 2006) 418 F.Supp.2d 457, 479 ["The relevant intent is the intent to communicate a threat, not as defense counsel maintains, the intent to threaten."]; Citizen Publishing Co. v. Miller (2005) 210 Ariz. 513 [ 115 P.3d 107, 114 ] [under Arizona's test, which is "substantially similar" to Black , "`true threats' are those statements made `in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily ha | 1 | 1 |
New York Ex Rel. Spitzer v. Caingreen2 sentences2011Spitzer v. Cain (S.D.N.Y. 2006) 418 F.Supp.2d 457, 479 [“The relevant intent is the intent to communicate a threat, not as defense counsel maintains, the intent to threaten.”]; Citizen Publishing Co. v. Miller (2005) 210 Ariz. 513 [ 115 P.3d 107, 114 ] [under Arizona’s test, which is “substantially similar” to Black , “ ‘true threats’ are those statements made ‘in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily h 2011Spitzer v. Cain (S.D.N.Y. 2006) 418 F.Supp.2d 457, 479 ["The relevant intent is the intent to communicate a threat, not as defense counsel maintains, the intent to threaten."]; Citizen Publishing Co. v. Miller (2005) 210 Ariz. 513 [ 115 P.3d 107, 114 ] [under Arizona's test, which is "substantially similar" to Black , "`true threats' are those statements made `in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily ha | 1 | 1 |
State v. Ellisongreen2 sentences2007In State v. Prasertphong (2005) 210 Ariz. 496 [ 114 P.3d 828 ], the Arizona Supreme Court concluded that admission of a codefendant’s entire statement did not raise confrontation clause problems because the defendant “forfeited his Confrontation Clause right not to have [the codefendant’s] entire statement admitted against him when he made the tactical decision to introduce portions of the statement that, standing alone, had the serious potential to mislead the jury.” {State v Prasertphong, at p. 833; see also State v. Ellison (2006) 213 Ariz. 116, 130 [ 140 P.3d 899 ].) Holding that Crawford 2007In State v. Prasertphong (2005) 210 Ariz. 496 [ 114 P.3d 828 ], the Arizona Supreme Court concluded that admission of a codefendant’s entire statement did not raise confrontation clause problems because the defendant “forfeited his Confrontation Clause right not to have [the codefendant’s] entire statement admitted against him when he made the tactical decision to introduce portions of the statement that, standing alone, had the serious potential to mislead the jury.” {State v Prasertphong, at p. 833; see also State v. Ellison (2006) 213 Ariz. 116, 130 [ 140 P.3d 899 ].) Holding that Crawford | 1 | 1 |
Poland v. Arizonagreen2 sentences2001In order to make a determination as to the penalty, all twelve jurors must agree. [¶] Any verdict that you reach must be dated and signed by your foreperson on a form that will be provided and then you shall return with it to this courtroom." [15] An Arizona defendant sentenced to life imprisonment for first degree murder would be eligible for parole after 25 years of imprisonment. ( Poland v. Arizona (1986) 476 U.S. 147, 153, fn. 4 , 106 S.Ct. 1749 , 90 L.Ed.2d 123 .) [16] Of course, there were no codefendants in the instant trial. 2001In order to make a determination as to the penalty, all twelve jurors must agree. [¶] Any verdict that you reach must be dated and signed by your foreperson on a form that will be provided and then you shall return with it to this courtroom." [15] An Arizona defendant sentenced to life imprisonment for first degree murder would be eligible for parole after 25 years of imprisonment. ( Poland v. Arizona (1986) 476 U.S. 147, 153, fn. 4 , 106 S.Ct. 1749 , 90 L.Ed.2d 123 .) [16] Of course, there were no codefendants in the instant trial. | 1 | 1 |
Bates v. State Bar of Arizonagreen2 sentences1978It was deemed significant that state policy “is so clearly and affirmatively expressed and that the State’s supervision is so active.” (433 U.S. at p. 362 [ 53 L.Ed.2d at p. 822 ].) The high court nevertheless invalidated the Arizona rule on the ground that it violated the First Amendment because of overbreadth. 1978It was deemed significant that state policy “is so clearly and affirmatively expressed and that the State’s supervision is so active.” (433 U.S. at p. 362 [ 53 L.Ed.2d at p. 822 ].) The high court nevertheless invalidated the Arizona rule on the ground that it violated the First Amendment because of overbreadth. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re CT
green
2 sentences2014Her election not to participate in the Arizona hearing is not attributable to the juvenile court and surely cannot deprive the court of its authority to act once jurisdiction had been ceded to it. 12 C.T., supra, 100 Cal.App.4th 101 , the case upon which Angela places primary reliance, supports our conclusion the juvenile court properly exercised jurisdiction in this case and any procedural error was harmless. 2014Her election not to participate in the Arizona hearing is not attributable to the juvenile court and surely cannot deprive the court of its authority to act once jurisdiction had been ceded to it. 12 C.T., supra, 100 Cal.App.4th 101 , the case upon which Angela places primary reliance, supports our conclusion the juvenile court properly exercised jurisdiction in this case and any procedural error was harmless. | 2 | 2014–2014 |
Virginia v. Black
green
2 sentences2011L.Rev. 61, 107, fn. 321 [“Only the Ninth Circuit requires proof that the defendant subjectively intended to threaten the victim.”].) Thus, when the high court said, “ ‘True threats’ encompass those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals” (Black, supra, 538 U.S. at p. 359 ), it did not thereby, for the first time, require proof that the speaker subjectively intended the speech be taken as a threat. 2011L.Rev. 61, 107, fn. 321 ["Only the Ninth Circuit requires proof that the defendant subjectively intended to threaten the victim."].) *432 Thus, when the high court said, "`True threats' encompass those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals" ( Black, supra, 538 U.S. at p. 359 ), it did not thereby, for the first time, require proof that the speaker subjectively intended the speech be taken as a threat. | 1 | 2011–2011 |
Citizen Publishing Co. v. Miller
green
2 sentences2011Spitzer v. Cain (S.D.N.Y. 2006) 418 F.Supp.2d 457, 479 [“The relevant intent is the intent to communicate a threat, not as defense counsel maintains, the intent to threaten.”]; Citizen Publishing Co. v. Miller (2005) 210 Ariz. 513 [ 115 P.3d 107, 114 ] [under Arizona’s test, which is “substantially similar” to Black , “ ‘true threats’ are those statements made ‘in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily h 2011Spitzer v. Cain (S.D.N.Y. 2006) 418 F.Supp.2d 457, 479 [“The relevant intent is the intent to communicate a threat, not as defense counsel maintains, the intent to threaten.”]; Citizen Publishing Co. v. Miller (2005) 210 Ariz. 513 [ 115 P.3d 107, 114 ] [under Arizona’s test, which is “substantially similar” to Black , “ ‘true threats’ are those statements made ‘in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily h | 1 | 2011–2011 |
State v. Deloreto
green
2 sentences2011Spitzer v. Cain (S.D.N.Y. 2006) 418 F.Supp.2d 457, 479 [“The relevant intent is the intent to communicate a threat, not as defense counsel maintains, the intent to threaten.”]; Citizen Publishing Co. v. Miller (2005) 210 Ariz. 513 [ 115 P.3d 107, 114 ] [under Arizona’s test, which is “substantially similar” to Black , “ ‘true threats’ are those statements made ‘in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily h 2011Spitzer v. Cain (S.D.N.Y. 2006) 418 F.Supp.2d 457, 479 [“The relevant intent is the intent to communicate a threat, not as defense counsel maintains, the intent to threaten.”]; Citizen Publishing Co. v. Miller (2005) 210 Ariz. 513 [ 115 P.3d 107, 114 ] [under Arizona’s test, which is “substantially similar” to Black , “ ‘true threats’ are those statements made ‘in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily h | 1 | 2011–2011 |
State v. Johnston
green
2 sentences2011Spitzer v. Cain (S.D.N.Y. 2006) 418 F.Supp.2d 457, 479 [“The relevant intent is the intent to communicate a threat, not as defense counsel maintains, the intent to threaten.”]; Citizen Publishing Co. v. Miller (2005) 210 Ariz. 513 [ 115 P.3d 107, 114 ] [under Arizona’s test, which is “substantially similar” to Black , “ ‘true threats’ are those statements made ‘in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily h 2011Spitzer v. Cain (S.D.N.Y. 2006) 418 F.Supp.2d 457, 479 ["The relevant intent is the intent to communicate a threat, not as defense counsel maintains, the intent to threaten."]; Citizen Publishing Co. v. Miller (2005) 210 Ariz. 513 [ 115 P.3d 107, 114 ] [under Arizona's test, which is "substantially similar" to Black , "`true threats' are those statements made `in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily ha | 1 | 2011–2011 |
State v. Johnston
green
2 sentences2011Spitzer v. Cain (S.D.N.Y. 2006) 418 F.Supp.2d 457, 479 [“The relevant intent is the intent to communicate a threat, not as defense counsel maintains, the intent to threaten.”]; Citizen Publishing Co. v. Miller (2005) 210 Ariz. 513 [ 115 P.3d 107, 114 ] [under Arizona’s test, which is “substantially similar” to Black , “ ‘true threats’ are those statements made ‘in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily h 2011Spitzer v. Cain (S.D.N.Y. 2006) 418 F.Supp.2d 457, 479 ["The relevant intent is the intent to communicate a threat, not as defense counsel maintains, the intent to threaten."]; Citizen Publishing Co. v. Miller (2005) 210 Ariz. 513 [ 115 P.3d 107, 114 ] [under Arizona's test, which is "substantially similar" to Black , "`true threats' are those statements made `in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily ha | 1 | 2011–2011 |
State v. Prasertphong
green
2 sentences2007In State v. Prasertphong (2005) 210 Ariz. 496 [ 114 P.3d 828 ], the Arizona Supreme Court concluded that admission of a codefendant’s entire statement did not raise confrontation clause problems because the defendant “forfeited his Confrontation Clause right not to have [the codefendant’s] entire statement admitted against him when he made the tactical decision to introduce portions of the statement that, standing alone, had the serious potential to mislead the jury.” {State v Prasertphong, at p. 833; see also State v. Ellison (2006) 213 Ariz. 116, 130 [ 140 P.3d 899 ].) Holding that Crawford 2007In State v. Prasertphong (2005) 210 Ariz. 496 [ 114 P.3d 828 ], the Arizona Supreme Court concluded that admission of a codefendant’s entire statement did not raise confrontation clause problems because the defendant “forfeited his Confrontation Clause right not to have [the codefendant’s] entire statement admitted against him when he made the tactical decision to introduce portions of the statement that, standing alone, had the serious potential to mislead the jury.” {State v Prasertphong, at p. 833; see also State v. Ellison (2006) 213 Ariz. 116, 130 [ 140 P.3d 899 ].) Holding that Crawford | 1 | 2007–2007 |
Skouland v. Skouland
green
2 sentences1980(See also Skouland v. Skouland (1962) 201 Cal.App.2d 677 [ 20 Cal.Rptr. 185 ].) *682 An examination of the record reveals that the Arizona motion was apparently resolved solely on the basis of affidavits. 1980(See also Skouland v. Skouland (1962) 201 Cal.App.2d 677 [ 20 Cal.Rptr. 185 ].) *682 An examination of the record reveals that the Arizona motion was apparently resolved solely on the basis of affidavits. | 1 | 1980–1980 |
North Whittier Heights Citrus Ass'n v. National Labor Relations Board
green
2 sentences1946Thus, limiting its language to a discussion of such services *559 and premising its opinion in the main on the rationale of North Whittier Heights Citrus Assn. v. National Labor Relations Board, supra, 109 F.2d 76 , the court expressed its full conclusion as follows at page 687 [144 P.2d]; "We conclude that the claimants who worked in the Association's packing house are not agricultural laborers, ..." Consistent with such analysis, it reasonably follows that the narrowed point of decision in the later Arizona case does not affect its approval in the forepart of the opinion as to the propriety 1946Thus, limiting its language to a discussion of such services *559 and premising its opinion in the main on the rationale of North Whittier Heights Citrus Assn. v. National Labor Relations Board, supra, 109 F.2d 76 , the court expressed its full conclusion as follows at page 687 [144 P.2d]; "We conclude that the claimants who worked in the Association's packing house are not agricultural laborers, ..." Consistent with such analysis, it reasonably follows that the narrowed point of decision in the later Arizona case does not affect its approval in the forepart of the opinion as to the propriety | 1 | 1946–1946 |
California Employment Commission v. Rose
green
2 sentences1946Thus, limiting its language to a discussion of such services *559 and premising its opinion in the main on the rationale of North Whittier Heights Citrus Assn. v. National Labor Relations Board, supra, 109 F.2d 76 , the court expressed its full conclusion as follows at page 687 [144 P.2d]; "We conclude that the claimants who worked in the Association's packing house are not agricultural laborers, ..." Consistent with such analysis, it reasonably follows that the narrowed point of decision in the later Arizona case does not affect its approval in the forepart of the opinion as to the propriety 1946Thus, limiting its language to a discussion of such services *559 and premising its opinion in the main on the rationale of North Whittier Heights Citrus Assn. v. National Labor Relations Board, supra, 109 F.2d 76 , the court expressed its full conclusion as follows at page 687 [144 P.2d]; "We conclude that the claimants who worked in the Association's packing house are not agricultural laborers, ..." Consistent with such analysis, it reasonably follows that the narrowed point of decision in the later Arizona case does not affect its approval in the forepart of the opinion as to the propriety | 1 | 1946–1946 |
California Employment Commission v. Butte County Rice Growers Ass'n
green
2 sentences1946Thus, limiting its language to a discussion of such services *559 and premising its opinion in the main on the rationale of North Whittier Heights Citrus Assn. v. National Labor Relations Board, supra, 109 F.2d 76 , the court expressed its full conclusion as follows at page 687 [144 P.2d]; "We conclude that the claimants who worked in the Association's packing house are not agricultural laborers, ..." Consistent with such analysis, it reasonably follows that the narrowed point of decision in the later Arizona case does not affect its approval in the forepart of the opinion as to the propriety 1946Thus, limiting its language to a discussion of such services *559 and premising its opinion in the main on the rationale of North Whittier Heights Citrus Assn. v. National Labor Relations Board, supra, 109 F.2d 76 , the court expressed its full conclusion as follows at page 687 [144 P.2d]; "We conclude that the claimants who worked in the Association's packing house are not agricultural laborers, ..." Consistent with such analysis, it reasonably follows that the narrowed point of decision in the later Arizona case does not affect its approval in the forepart of the opinion as to the propriety | 1 | 1946–1946 |
Employment Security Commission v. Arizona Citrus Growers
green
2 sentences1946These services, if done for the owner or tenant of the farm on which the materials in their raw or natural state are produced and as an incident to the farming operation, as distinguished from manufacturing or commercial operations, are agricultural." (Italics ours.) This same Arizona rule was involved in the later case of Employment Security Commission v. Arizona Citrus Growers, 61 Ariz. 96 [ 144 P.2d 682 ], wherein the court upheld the right of certain claimants to receive unemployment benefits. 1946These services, if done for the owner or tenant of the farm on which the materials in their raw or natural state are produced and as an incident to the farming operation, as distinguished from manufacturing or commercial operations, are agricultural." (Italics ours.) This same Arizona rule was involved in the later case of Employment Security Commission v. Arizona Citrus Growers, 61 Ariz. 96 [ 144 P.2d 682 ], wherein the court upheld the right of certain claimants to receive unemployment benefits. | 1 | 1946–1946 |
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.