Ellis analysis (California) · Go Syfert
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Ellis analysis in California

8 California opinions name it 2 courts 1989–2026 5 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
In Re Marriage of Altergreen
calctapp · 2009 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026(In re Marriage of de Guigne, supra, 97 Cal.App.4th at p. 1358 [husband earned $240,000 per year but also controlled properties worth millions of dollars]; Alter, supra, 171 Cal.App.4th at p. 737 [husband received $6,000 per month of gift income from his mother].) Such clarity of value is absent from this case. 21 Ellis’s analysis indicates that about $19,500 per month was spent from the Business Accounts.

11
Guigne v. Guignegreen
calctapp · 2002 · cited in 1 California opinions naming this issue, 2026–2026
2 sentences

2026(In re Marriage of de Guigne, supra, 97 Cal.App.4th at p. 1358 [husband earned $240,000 per year but also controlled properties worth millions of dollars]; Alter, supra, 171 Cal.App.4th at p. 737 [husband received $6,000 per month of gift income from his mother].) Such clarity of value is absent from this case. 21 Ellis’s analysis indicates that about $19,500 per month was spent from the Business Accounts.

2026(In re Marriage of de Guigne, supra, 97 Cal.App.4th at p. 1358 [husband earned $240,000 per year but also controlled properties worth millions of dollars]; Alter, supra, 171 Cal.App.4th at p. 737 [husband received $6,000 per month of gift income from his mother].) Such clarity of value is absent from this case. 21 Ellis’s analysis indicates that about $19,500 per month was spent from the Business Accounts.

11
People v. Mesagreen
calctapp · 2006 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021A reasonable probability is a probability sufficient to undermine confidence in the outcome.’ [Citations.]” (Id. at p. 1086.) Because Ellis has not demonstrated that he suffered prejudice from trial counsel’s failure to preserve Ellis’s claim of prosecutorial misconduct, we reject his ineffective assistance claim without determining whether counsel’s performance was deficient.11 (See People v. Mesa (2006) 144 Cal.App.4th 1000, 1008 [“In considering a claim of ineffective assistance of counsel, it is not necessary to determine ‘ “whether counsel’s performance was deficient before examining the

11
Lathrop v. Donohuegreen
scotus · 1961 · cited in 1 California opinions naming this issue, 1989–1989
2 sentences

1989(Lathrop v. Donohue, supra, 367 U.S. at p. 843 [ 6 L.Ed.2d at p. 1205 ]; see text, ante, at p. 1177.) When bar activities serve this interest, 10 *1188 or when expenditures are “necessarily or reasonably incurred” to finance activities that serve this interest, then such expenditures are considered “germane.” ( Ellis, supra, 466 U.S. 435 at p. 448 [ 80 L.Ed.2d at p. 442 ].) If an expenditure serves the state’s interest in the delivery of quality legal services to the public and the improvement of the legal profession, the second step of the Ellis analysis requires that we determine “whether th

1989(Lathrop v. Donohue, supra, 367 U.S. at p. 843 [ 6 L.Ed.2d at p. 1205 ]; see text, ante, at p. 1177.) When bar activities serve this interest, 10 *1188 or when expenditures are “necessarily or reasonably incurred” to finance activities that serve this interest, then such expenditures are considered “germane.” ( Ellis, supra, 466 U.S. 435 at p. 448 [ 80 L.Ed.2d at p. 442 ].) If an expenditure serves the state’s interest in the delivery of quality legal services to the public and the improvement of the legal profession, the second step of the Ellis analysis requires that we determine “whether th

11
Ellis v. Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers, Express & Station Employesgreen
scotus · 1984 · cited in 1 California opinions naming this issue, 1989–1989
2 sentences

1989(Lathrop v. Donohue, supra, 367 U.S. at p. 843 [ 6 L.Ed.2d at p. 1205 ]; see text, ante, at p. 1177.) When bar activities serve this interest, 10 *1188 or when expenditures are “necessarily or reasonably incurred” to finance activities that serve this interest, then such expenditures are considered “germane.” ( Ellis, supra, 466 U.S. 435 at p. 448 [ 80 L.Ed.2d at p. 442 ].) If an expenditure serves the state’s interest in the delivery of quality legal services to the public and the improvement of the legal profession, the second step of the Ellis analysis requires that we determine “whether th

1989(Lathrop v. Donohue, supra, 367 U.S. at p. 843 [ 6 L.Ed.2d at p. 1205 ]; see text, ante, at p. 1177.) When bar activities serve this interest, 10 *1188 or when expenditures are “necessarily or reasonably incurred” to finance activities that serve this interest, then such expenditures are considered “germane.” ( Ellis, supra, 466 U.S. 435 at p. 448 [ 80 L.Ed.2d at p. 442 ].) If an expenditure serves the state’s interest in the delivery of quality legal services to the public and the improvement of the legal profession, the second step of the Ellis analysis requires that we determine “whether th

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 (8)

CaseCitedYears
People v. Lopez green
cal · 2012
1 sentence

2024To the extent Ellis relies on Justices Corrigan and Liu’s separate opinions in Villatoro to argue the court had to conduct a second section 352 analysis when discussing jury instructions, they “are not binding precedent.” (People v. Lopez (2012) 55 Cal.4th 569, 585 .) Besides—as Ellis himself points out—while finalizing the jury instructions, the court concluded it would give CALCRIM Nos. 1191A and 1191B over Ellis’ objection because there was “substantial evidence to support” each instruction.

12024–2024
Denham v. Superior Court green
cal · 1970
2 sentences

2022(Sargon, supra, 55 Cal.4th at p. 773 ; Denham, supra, 2 Cal.3d at p. 566 .) Ellis’s motion raised arguments that were largely similar in substance to arguments the court had previously rejected, and Ellis’s new argument concerning his lack of intent to convey a falsity was contradicted by his own deposition testimony.

2022(Sargon, supra, 55 Cal.4th at p. 773 ; Denham, supra, 2 Cal.3d at p. 566 .) Ellis’s motion raised arguments that were largely similar in substance to arguments the court had previously rejected, and Ellis’s new argument concerning his lack of intent to convey a falsity was contradicted by his own deposition testimony.

12022–2022
Sargon Enterprises, Inc. v. University of Southern California green
cal · 2012
1 sentence

2022(Sargon, supra, 55 Cal.4th at p. 773 ; Denham, supra, 2 Cal.3d at p. 566 .) Ellis’s motion raised arguments that were largely similar in substance to arguments the court had previously rejected, and Ellis’s new argument concerning his lack of intent to convey a falsity was contradicted by his own deposition testimony.

12022–2022
People v. Marsden green
cal · 1970
1 sentence

2021On appeal, Ellis raises the following claims: (1) Trial counsel violated Ellis’s Sixth Amendment rights by conceding his guilt to the lesser included offense of simple assault over Ellis’s express objection; (2) the trial court erroneously denied Ellis’s motion to substitute his trial counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden); (3) the trial court erred in denying a self-representation request Ellis made in the midst of jury selection; and (4) the People committed prosecutorial misconduct during rebuttal argument by (a) vouching for the credibility of a responding offi

12021–2021
In re Reno green
cal · 2012
1 sentence

2021(See In re Reno (2012) 55 Cal.4th 428, 483 .) DISPOSITION The judgment is affirmed. 11 _________________________ Richman, Acting P. J.

12021–2021
People v. Couch green
calctapp · 1996
1 sentence

2011The Couch court stated the defendant was estopped because he obtained the benefit of a lesser sentence by accepting a plea bargain “for a specific term which included an admission of a prior conviction allegation . . . .” (Couch, supra, 48 Cal.App.4th at p. 1058 , italics added.) Here, of course, there is no admission or plea by defendant or an accusation against him alleging the robbery in concert enhancement on which he was sentenced.

12011–2011
People v. Ellis green
calctapp · 1987
1 sentence

1992(People v. Jerome, supra, 160 Cal.App.3d at pp. 1094-1095, People v. Ellis, supra, 195 Cal.App.3d at p. 338 .) Inexplicably, the Calderon court was, as the Attorney General puts it, “wholly silent on this point.” * Retired Associate Justice of the Court of Appeal, First District, sitting under assignment by the Chairperson of the Judicial Council.

11992–1992
Chicago Teachers Union, Local No. 1 v. Hudson green
scotus · 1986
2 sentences

1989The [association] need not provide [objecting members] with an exhaustive and detailed list of all its *1192 expenditures, but adequate disclosure surely would include the major categories of expenses, as well as verification by an independent auditor.” (Id. at p. 307, fn. 18 [ 89 L.Ed.2d at p. 247 , 106 S.Ct. at p. 1076 ].) Therefore, ¿ontrary to the majority’s assumption, the State Bar would not have to perform the three-step Ellis analysis prior to each instance in which it seeks to advise the Legislature or the courts of its view on a matter.

1989The [association] need not provide [objecting members] with an exhaustive and detailed list of all its *1192 expenditures, but adequate disclosure surely would include the major categories of expenses, as well as verification by an independent auditor.” (Id. at p. 307, fn. 18 [ 89 L.Ed.2d at p. 247 , 106 S.Ct. at p. 1076 ].) Therefore, ¿ontrary to the majority’s assumption, the State Bar would not have to perform the three-step Ellis analysis prior to each instance in which it seeks to advise the Legislature or the courts of its view on a matter.

11989–1989

Where else courts name it

GA 9 (1992–2023) IL 9 (1984–2025) CA 8 (1989–2026) TX 7 (1973–2024) OH 7 (1992–2023) IN 6 (2017–2020) IA 6 (2015–2023) MS 6 (1995–2022) FL 6 (2000–2018) KS 4 (1985–2024) PA 4 (1997–2025) UT 4 (1986–2020) DE 3 (2018–2021) ND 3 (2000–2003) DC 3 (2001–2008) NE 2 (1987–2022) WA 2 (2015–2020) KY 2 (2024–2024) MO 2 (1989–2016) ID 2 (2013–2020) NY 2 (1996–2021) MI 2 (2016–2016) VA 2 (2011–2012) TN 2 (2020–2024) NV 2 (2007–2011) AL 2 (2010–2023) MT 2 (2009–2025)

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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