dispassionate hearing (California) · Go Syfert
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dispassionate hearing in California

8 California opinions name it 2 courts 1971–2004 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
State of California v. Superior Courtgreen
cal · 1974 · cited in 3 California opinions naming this issue, 1982–2004
2 sentences

2004(Maj. opn., ante, 17 Cal.Rptr.3d at p. 250 , 95 P.3d at p. 480 .) But this court there decided only that the doctrine of exhaustion of administrative remedies did not apply to a constitutional challenge to the statute from which the administrative agency derived its authority. ( State of California v. Superior Court (Veta), supra, at p. 251, 115 Cal.Rptr. 497 , 524 P.2d 1281 .) In concluding that a litigant was not required during quasi-judicial administrative proceedings to make a constitutional challenge to the statute that created the agency, this court explained that "[i]t would be heroic

2004(Maj. opn., ante, 17 Cal.Rptr.3d at p. 250 , 95 P.3d at p. 480 .) But this court there decided only that the doctrine of exhaustion of administrative remedies did not apply to a constitutional challenge to the statute from which the administrative agency derived its authority. ( State of California v. Superior Court (Veta), supra, at p. 251, 115 Cal.Rptr. 497 , 524 P.2d 1281 .) In concluding that a litigant was not required during quasi-judicial administrative proceedings to make a constitutional challenge to the statute that created the agency, this court explained that "[i]t would be heroic

23
People v. Farnumgreen
calctapp · 1966 · cited in 2 California opinions naming this issue, 1971–1974
2 sentences

1974(People v. Farnum, 242 Cal.App.2d 310, 315 [citation].)’ If the judge’s explanation of the ‘evidentiary basis’ of his comment on a defendant’s guilt develops into a plea for conviction on the grounds that the defendant must have been lying when he testified, such comment on guilt, even though preceded by a dispassionate analysis of the evidence is tantamount to an argument to convict.

1971(People v. Farnum, 242 Cal.App.2d 310, 315 [citation].)” If the judge’s explanation of the “evidentiary basis” of his comment on a defendant’s guilt develops into a plea for conviction on the grounds that the defendant must have been lying when he testified, such comment on guilt, even though preceded by a dispassionate analysis of the evidence is tantamount to an argument to convict.

22
People v. Brockgreen
cal · 1967 · cited in 2 California opinions naming this issue, 1971–1974
2 sentences

1974(See People v. Brock, supra, 66 Cal.2d 645, 655-656.)” We conclude that the court’s remarks in the case at bar exceeded the constitutional authority conferred on trial judges to comment on the evidence.

1971(See People v. Brock, supra, 66 Cal.2d 645, 655-656 .) In determining whether the error committed by the trial court compels a reversal of the judgment, we must apply the California test of reversible error.

12
Lockyer v. City and County of San Franciscogreen
cal · 2004 · cited in 1 California opinions naming this issue, 2004–2004
2 sentences

2004(Maj. opn., ante, 17 Cal.Rptr.3d at p. 250 , 95 P.3d at p. 480 .) But this court there decided only that the doctrine of exhaustion of administrative remedies did not apply to a constitutional challenge to the statute from which the administrative agency derived its authority. ( State of California v. Superior Court (Veta), supra, at p. 251, 115 Cal.Rptr. 497 , 524 P.2d 1281 .) In concluding that a litigant was not required during quasi-judicial administrative proceedings to make a constitutional challenge to the statute that created the agency, this court explained that "[i]t would be heroic

2004(Maj. opn., ante, 17 Cal.Rptr.3d at p. 250 , 95 P.3d at p. 480 .) But this court there decided only that the doctrine of exhaustion of administrative remedies did not apply to a constitutional challenge to the statute from which the administrative agency derived its authority. ( State of California v. Superior Court (Veta), supra, at p. 251, 115 Cal.Rptr. 497 , 524 P.2d 1281 .) In concluding that a litigant was not required during quasi-judicial administrative proceedings to make a constitutional challenge to the statute that created the agency, this court explained that "[i]t would be heroic

11
Good Government Group of Seal Beach, Inc. v. Superior Courtgreen
cal · 1978 · cited in 1 California opinions naming this issue, 1979–1979
2 sentences

1979(See Cohen v. California, supra, 403 U.S. 15 ; Good Government Group of Seal Beach, Inc. v. Superior Court (1978) 22 Cal.3d 672, 689-690 [ 150 Cal. Rptr. 258 , 586 P.2d 572 ] (dis. opn. of Bird, C.J.).) To limit how one speaks not only impedes self-expression but diminishes the public dialogue so essential to a free people.

1979(See Cohen v. California, supra, 403 U.S. 15 ; Good Government Group of Seal Beach, Inc. v. Superior Court (1978) 22 Cal.3d 672, 689-690 [ 150 Cal. Rptr. 258 , 586 P.2d 572 ] (dis. opn. of Bird, C.J.).) To limit how one speaks not only impedes self-expression but diminishes the public dialogue so essential to a free people.

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 (4)

CaseCitedYears
San Dieguito Union High School District v. Commission on Professional Competence green
calctapp · 1982
2 sentences

1985(See San Dieguito Union High School Dist. v. Commission on Professional Competence, supra, 135 Cal. App.3d 278, 284 .) A dispassionate analysis of the evidence in this case warrants this unqualified conclusion: Not one of the Morrison criteria hint at, let alone support, the removal of this teacher.

1985(See San Dieguito Union High School Dist. v. Commission on Professional Competence, supra, 135 Cal.App.3d 278, 284 .) A dispassionate analysis of the evidence in this case warrants this unqualified conclusion: Not one of the Morrison criteria hint at, let alone support, the removal of this teacher.

11985–1985
Agins v. City of Tiburon green
cal · 1979
2 sentences

1982Woods, P. J., and McClosky, J., concurred. 1 “It would be heroic indeed to compel a party to appear before an administrative body to challenge its very existence and to expect a dispassionate hearing before its preponderantly lay membership on the constitutionality of the statute establishing its status and functions. ” (State of California v. Superior Court (Veta) (1974) 12 Cal.3d 237, 251 [ 115 Cal.Rptr. 497 , 524 P.2d 1281 ]. 2 Referring to the Veta case, the Supreme Court said, in Agins v. City of Tiburon (1979) 24 Cal.3d 266 , at pages 272-273 [ 157 Cal.Rptr. 372 , 598 P.2d 25 ]: “We [the

1982Woods, P. J., and McClosky, J., concurred. 1 “It would be heroic indeed to compel a party to appear before an administrative body to challenge its very existence and to expect a dispassionate hearing before its preponderantly lay membership on the constitutionality of the statute establishing its status and functions. ” (State of California v. Superior Court (Veta) (1974) 12 Cal.3d 237, 251 [ 115 Cal.Rptr. 497 , 524 P.2d 1281 ]. 2 Referring to the Veta case, the Supreme Court said, in Agins v. City of Tiburon (1979) 24 Cal.3d 266 , at pages 272-273 [ 157 Cal.Rptr. 372 , 598 P.2d 25 ]: “We [the

11982–1982
Cohen v. California green
scotus · 1971
2 sentences

1979(See Cohen v. California, supra, 403 U.S. 15 ; Good Government Group of Seal Beach, Inc. v. Superior Court (1978) 22 Cal.3d 672, 689-690 [ 150 Cal. Rptr. 258 , 586 P.2d 572 ] (dis. opn. of Bird, C.J.).) To limit how one speaks not only impedes self-expression but diminishes the public dialogue so essential to a free people.

1979(See Cohen v. California, supra, 403 U.S. 15 ; Good Government Group of Seal Beach, Inc. v. Superior Court (1978) 22 Cal.3d 672, 689-690 [ 150 Cal.Rptr. 258 , 586 P.2d 572 ] (dis. opn. of Bird, C.

11979–1979
Kadner v. Shields green
calctapp · 1971
2 sentences

1976Findings shall not refer merely to the truth or falsity of allegations contained in the pleadings." (Italics added.) 8 In Kadner v. Shields (1971) 20 Cal.App.3d 251 [ 97 Cal.Rptr. 742 ], a case which arose before the adoption of rule 232(e), the court said: “This method of making findings, pursued by the Kadners and accepted by the trial court, although then not governed by the Rules of Court, is unsatisfactory.” ( 20 Cal.App.3d at p. 274 . fn. 32.) 9 “It would be heroic indeed to compel a party to appear before an administrative body to challenge its very existence and to expect a dispassiona

1976Findings shall not refer merely to the truth or falsity of allegations contained in the pleadings." (Italics added.) 8 In Kadner v. Shields (1971) 20 Cal.App.3d 251 [ 97 Cal.Rptr. 742 ], a case which arose before the adoption of rule 232(e), the court said: “This method of making findings, pursued by the Kadners and accepted by the trial court, although then not governed by the Rules of Court, is unsatisfactory.” ( 20 Cal.App.3d at p. 274 . fn. 32.) 9 “It would be heroic indeed to compel a party to appear before an administrative body to challenge its very existence and to expect a dispassiona

11976–1976

Where else courts name it

CA 8 (1971–2004) NY 7 (1986–2025) NJ 4 (2005–2021) IL 3 (1971–1993) MD 3 (1993–1999)

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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