jury is reversible error (California) · Go Syfert
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jury is reversible error in California

8 California opinions name it 2 courts 1965–2023 3 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 (7)

CaseFollowedCited
Soule v. General Motors Corp.green
cal · 1994 · cited in 3 California opinions naming this issue, 2014–2021
2 sentences

2014(Soule v. General Motors Corp. (1994) 8 Cal.4th 548, 572 [ 34 Cal.Rptr.2d 607 , 882 R2d 298] (Soule).) A refusal to instruct the jury is reversible error if it is probable that the error prejudicially affected the verdict.

2014(Soule v. General Motors Corp. (1994) 8 Cal.4th 548, 572 [ 34 Cal.Rptr.2d 607 , 882 R2d 298] (Soule).) A refusal to instruct the jury is reversible error if it is probable that the error prejudicially affected the verdict.

33
People v. Hobbsgreen
calctapp · 1940 · cited in 2 California opinions naming this issue, 1965–1985
2 sentences

1985In People v. Cooks (1965) 235 Cal.App.2d 6, 12 [ 44 Cal.Rptr. 819 ], the court said, “Disclosure of the prior to the jury is reversible error unless proof of the prior is made necessary by defendant’s refusal to admit it.” However, the cases cited in Cooks for this proposition stated no such rule; they either simply reversed without discussing prejudice (People v. Gallinger, supra, 212 Cal.App.2d at p. 857 ) or found prejudice under the circumstances presented (People v. Meyer, supra, 73 Cal. at p. 550 ; People v. Hobbs (1940) 37 Cal.App.2d 8, 11-12 [ 98 P.2d 775 ]).

1985In People v. Cooks (1965) 235 Cal.App.2d 6, 12 [ 44 Cal.Rptr. 819 ], the court said, “Disclosure of the prior to the jury is reversible error unless proof of the prior is made necessary by defendant’s refusal to admit it.” However, the cases cited in Cooks for this proposition stated no such rule; they either simply reversed without discussing prejudice (People v. Gallinger, supra, 212 Cal.App.2d at p. 857 ) or found prejudice under the circumstances presented (People v. Meyer, supra, 73 Cal. at p. 550 ; People v. Hobbs (1940) 37 Cal.App.2d 8, 11-12 [ 98 P.2d 775 ]).

12
Hasson v. Ford Motor Co.red
cal · 1982 · cited in 1 California opinions naming this issue, 1986–1986
2 sentences

1986(See, e.g., Hasson v. Ford Motor Co. (1982) 32 Cal.3d 388, 412 [ 185 Cal. Rptr. 654 , 650 P.2d 1171 ]; People v. Crooker (1956) 47 Cal.2d 348, 356 [ 303 P.2d 753 ]; People v. Leary (1895) 105 Cal. 486, 493 [ 39 P. 24 ]; Annot. (1966) 7 A.L.R.3d 1040 , 1040-1044.) (12b) There is absolutely no evidence in this case that any of the jurors consumed alcohol at any time during the trial, let alone that any of the jurors became so intoxicated they were unable to competently perform their duties. [26] Defendant submits no affidavits — from jurors, trial counsel or court officials — to support his clai

1986(See, e.g., Hasson v. Ford Motor Co. (1982) 32 Cal.3d 388, 412 [ 185 Cal. Rptr. 654 , 650 P.2d 1171 ]; People v. Crooker (1956) 47 Cal.2d 348, 356 [ 303 P.2d 753 ]; People v. Leary (1895) 105 Cal. 486, 493 [ 39 P. 24 ]; Annot. (1966) 7 A.L.R.3d 1040 , 1040-1044.) (12b) There is absolutely no evidence in this case that any of the jurors consumed alcohol at any time during the trial, let alone that any of the jurors became so intoxicated they were unable to competently perform their duties. [26] Defendant submits no affidavits — from jurors, trial counsel or court officials — to support his clai

11
People v. Crookergreen
cal · 1956 · cited in 1 California opinions naming this issue, 1986–1986
2 sentences

1986(See, e.g., Hasson v. Ford Motor Co. (1982) 32 Cal.3d 388, 412 [ 185 Cal. Rptr. 654 , 650 P.2d 1171 ]; People v. Crooker (1956) 47 Cal.2d 348, 356 [ 303 P.2d 753 ]; People v. Leary (1895) 105 Cal. 486, 493 [ 39 P. 24 ]; Annot. (1966) 7 A.L.R.3d 1040 , 1040-1044.) (12b) There is absolutely no evidence in this case that any of the jurors consumed alcohol at any time during the trial, let alone that any of the jurors became so intoxicated they were unable to competently perform their duties. [26] Defendant submits no affidavits — from jurors, trial counsel or court officials — to support his clai

1986(See, e.g., Hasson v. Ford Motor Co. (1982) 32 Cal.3d 388, 412 [ 185 Cal. Rptr. 654 , 650 P.2d 1171 ]; People v. Crooker (1956) 47 Cal.2d 348, 356 [ 303 P.2d 753 ]; People v. Leary (1895) 105 Cal. 486, 493 [ 39 P. 24 ]; Annot. (1966) 7 A.L.R.3d 1040 , 1040-1044.) (12b) There is absolutely no evidence in this case that any of the jurors consumed alcohol at any time during the trial, let alone that any of the jurors became so intoxicated they were unable to competently perform their duties. [26] Defendant submits no affidavits — from jurors, trial counsel or court officials — to support his clai

11
People v. Chuckgreen
cal · 1889 · cited in 1 California opinions naming this issue, 1986–1986
2 sentences

1986Nonetheless, although some older cases held that any consumption of alcoholic beverages by the jury is reversible error per se (see, e.g., People v. Lee Chuck (1889) 78 Cal. 317 , *1266 332 [ 20 P. 719 ]), the rule is now fairly well established that a verdict will not be set aside in the absence of some showing or some reasonable ground to suspect that the consumption of alcohol actually affected the jurors' capacity to competently perform their duties.

1986Nonetheless, although some older cases held that any consumption of alcoholic beverages by the jury is reversible error per se (see, e.g., People v. Lee Chuck (1889) 78 Cal. 317 , *1266 332 [ 20 P. 719 ]), the rule is now fairly well established that a verdict will not be set aside in the absence of some showing or some reasonable ground to suspect that the consumption of alcohol actually affected the jurors' capacity to competently perform their duties.

11
People v. Learygreen
cal · 1895 · cited in 1 California opinions naming this issue, 1986–1986
2 sentences

1986(See, e.g., Hasson v. Ford Motor Co. (1982) 32 Cal.3d 388, 412 [ 185 Cal. Rptr. 654 , 650 P.2d 1171 ]; People v. Crooker (1956) 47 Cal.2d 348, 356 [ 303 P.2d 753 ]; People v. Leary (1895) 105 Cal. 486, 493 [ 39 P. 24 ]; Annot. (1966) 7 A.L.R.3d 1040 , 1040-1044.) (12b) There is absolutely no evidence in this case that any of the jurors consumed alcohol at any time during the trial, let alone that any of the jurors became so intoxicated they were unable to competently perform their duties. [26] Defendant submits no affidavits — from jurors, trial counsel or court officials — to support his clai

1986(See, e.g., Hasson v. Ford Motor Co. (1982) 32 Cal.3d 388, 412 [ 185 Cal. Rptr. 654 , 650 P.2d 1171 ]; People v. Crooker (1956) 47 Cal.2d 348, 356 [ 303 P.2d 753 ]; People v. Leary (1895) 105 Cal. 486, 493 [ 39 P. 24 ]; Annot. (1966) 7 A.L.R.3d 1040 , 1040-1044.) (12b) There is absolutely no evidence in this case that any of the jurors consumed alcohol at any time during the trial, let alone that any of the jurors became so intoxicated they were unable to competently perform their duties. [26] Defendant submits no affidavits — from jurors, trial counsel or court officials — to support his clai

11
People v. Cooksgreen
calctapp · 1965 · cited in 1 California opinions naming this issue, 1985–1985
2 sentences

1985In People v. Cooks (1965) 235 Cal.App.2d 6, 12 [ 44 Cal.Rptr. 819 ], the court said, “Disclosure of the prior to the jury is reversible error unless proof of the prior is made necessary by defendant’s refusal to admit it.” However, the cases cited in Cooks for this proposition stated no such rule; they either simply reversed without discussing prejudice (People v. Gallinger, supra, 212 Cal.App.2d at p. 857 ) or found prejudice under the circumstances presented (People v. Meyer, supra, 73 Cal. at p. 550 ; People v. Hobbs (1940) 37 Cal.App.2d 8, 11-12 [ 98 P.2d 775 ]).

1985In People v. Cooks (1965) 235 Cal.App.2d 6, 12 [ 44 Cal.Rptr. 819 ], the court said, “Disclosure of the prior to the jury is reversible error unless proof of the prior is made necessary by defendant’s refusal to admit it.” However, the cases cited in Cooks for this proposition stated no such rule; they either simply reversed without discussing prejudice (People v. Gallinger, supra, 212 Cal.App.2d at p. 857 ) or found prejudice under the circumstances presented (People v. Meyer, supra, 73 Cal. at p. 550 ; People v. Hobbs (1940) 37 Cal.App.2d 8, 11-12 [ 98 P.2d 775 ]).

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 (5)

CaseCitedYears
Douglas v. Fidelity National Insurance green
calctapp · 2014
2 sentences

2023Co. (2014) 229 Cal.App.4th 392, 408 .) “An appellant has the burden to provide a record sufficient to support its claim of error. [Citation.] Absent an indication in the record that an error occurred, we must presume that there was no error. [Citations.] An appellant arguing instructional error must ensure that the appellate record includes the instructions given and refused and the court’s rulings on proposed instructions. [Citations.] If the record does not show which party requested an erroneous instruction, the reviewing court must presume that the appellant requested the instruction and t

2021Co. (2014) 229 Cal.App.4th 392, 408 ; accord Soule, supra, 8 Cal.4th at p. 580 .) Based on the jury’s specific allocation of fault and its linear correlation with Morgan’s testimony regarding the timing and extent of his exposure to J-M Transite pipe, we would find no prejudice even if the trial court had erroneously refused J-MM’s special instruction. 13 C.

32021–2023
People v. Gallinger green
calctapp · 1963
2 sentences

1985In People v. Cooks (1965) 235 Cal.App.2d 6, 12 [ 44 Cal.Rptr. 819 ], the court said, “Disclosure of the prior to the jury is reversible error unless proof of the prior is made necessary by defendant’s refusal to admit it.” However, the cases cited in Cooks for this proposition stated no such rule; they either simply reversed without discussing prejudice (People v. Gallinger, supra, 212 Cal.App.2d at p. 857 ) or found prejudice under the circumstances presented (People v. Meyer, supra, 73 Cal. at p. 550 ; People v. Hobbs (1940) 37 Cal.App.2d 8, 11-12 [ 98 P.2d 775 ]).

1965(People v. Meyer, 73 Cal. 548 [ 15 P. 95 ] ; People v. Gallinger, 212 Cal.App.2d 851 [ 28 Cal.Rptr. 472 ] ; People v. Hobbs, 37 Cal.App.2d 8 [ 98 P.2d 775 ].

21965–1985
People v. Meyer green
cal · 1887
2 sentences

1985In People v. Cooks (1965) 235 Cal.App.2d 6, 12 [ 44 Cal.Rptr. 819 ], the court said, “Disclosure of the prior to the jury is reversible error unless proof of the prior is made necessary by defendant’s refusal to admit it.” However, the cases cited in Cooks for this proposition stated no such rule; they either simply reversed without discussing prejudice (People v. Gallinger, supra, 212 Cal.App.2d at p. 857 ) or found prejudice under the circumstances presented (People v. Meyer, supra, 73 Cal. at p. 550 ; People v. Hobbs (1940) 37 Cal.App.2d 8, 11-12 [ 98 P.2d 775 ]).

1965(People v. Meyer, 73 Cal. 548 [ 15 P. 95 ] ; People v. Gallinger, 212 Cal.App.2d 851 [ 28 Cal.Rptr. 472 ] ; People v. Hobbs, 37 Cal.App.2d 8 [ 98 P.2d 775 ].

21965–1985
Bullock v. Phillip Morris USA, Inc. green
calctapp · 2008
1 sentence

2023Co. (2014) 229 Cal.App.4th 392, 408 .) “An appellant has the burden to provide a record sufficient to support its claim of error. [Citation.] Absent an indication in the record that an error occurred, we must presume that there was no error. [Citations.] An appellant arguing instructional error must ensure that the appellate record includes the instructions given and refused and the court’s rulings on proposed instructions. [Citations.] If the record does not show which party requested an erroneous instruction, the reviewing court must presume that the appellant requested the instruction and t

12023–2023
Chicago Title Insurance v. AMZ Insurance Services, Inc. green
calctapp · 2010
1 sentence

2020Services, Inc. (2010) 188 Cal.App.4th 401, 418 .) “A refusal to instruct the jury is reversible error if it is probable that the error prejudicially affected the verdict.” (Douglas, at p. 408.) 9 Schreiber erroneously maintains the standard of review is abuse of discretion, claiming Lee’s “argument is at its core an evidentiary dispute,” and Evidence Code “section 352 requires this Court to review the trial court’s decision only for abuse of discretion.” The court, however, admitted evidence of the settlement agreement, and that admission is not challenged on appeal. 21 Schreiber was deposed a

12020–2020

Where else courts name it

NM 18 (2005–2025) GA 10 (1916–2023) CA 8 (1965–2023) TX 8 (1922–2004) IL 8 (2003–2014) IN 7 (1975–2002) MO 7 (1928–2017) FL 7 (1969–2012) TN 3 (1997–2001) IA 3 (1974–2001) MI 2 (1955–1971) WA 2 (1986–2019) AZ 2 (1979–2020) OK 2 (1916–1925) MN 2 (1985–2006) SC 2 (1931–1985) AL 2 (1967–1973) MS 2 (1983–2024) AR 2 (1963–1989) ID 2 (1998–2004)

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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