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8 California opinions name it 2 courts 1944–2020 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 |
|---|---|---|
People v. Clarkgreen2 sentences1998(E.g., People v. Osband, supra, 13 Cal.4th at p. 716.) And, in light of the above quoted instruction the court gave that expanded section 190.3, factor (k), the court did not err by refusing to give defendant's requested special instruction on mercy. ( People v. Stanley (1995) 10 Cal.4th 764, 840 [ 42 Cal. Rptr.2d 543 , 897 P.2d 481 ].) Nor did it err by refusing to instruct on sympathy. ( People v. Clark (1992) 3 Cal.4th 41, 163 [ 10 Cal. Rptr.2d 554 , 833 P.2d 561 ].) Nor did error occur when the court failed to instruct that the question whether aggravation outweighed mitigation must be pro 1998(E.g., People v. Osband, supra, 13 Cal.4th at p. 716.) And, in light of the above quoted instruction the court gave that expanded section 190.3, factor (k), the court did not err by refusing to give defendant's requested special instruction on mercy. ( People v. Stanley (1995) 10 Cal.4th 764, 840 [ 42 Cal. Rptr.2d 543 , 897 P.2d 481 ].) Nor did it err by refusing to instruct on sympathy. ( People v. Clark (1992) 3 Cal.4th 41, 163 [ 10 Cal. Rptr.2d 554 , 833 P.2d 561 ].) Nor did error occur when the court failed to instruct that the question whether aggravation outweighed mitigation must be pro | 1 | 1 |
People v. Stanleygreen2 sentences1998(E.g., People v. Osband, supra, 13 Cal.4th at p. 716.) And, in light of the above quoted instruction the court gave that expanded section 190.3, factor (k), the court did not err by refusing to give defendant's requested special instruction on mercy. ( People v. Stanley (1995) 10 Cal.4th 764, 840 [ 42 Cal. Rptr.2d 543 , 897 P.2d 481 ].) Nor did it err by refusing to instruct on sympathy. ( People v. Clark (1992) 3 Cal.4th 41, 163 [ 10 Cal. Rptr.2d 554 , 833 P.2d 561 ].) Nor did error occur when the court failed to instruct that the question whether aggravation outweighed mitigation must be pro 1998(E.g., People v. Osband, supra, 13 Cal.4th at p. 716.) And, in light of the above quoted instruction the court gave that expanded section 190.3, factor (k), the court did not err by refusing to give defendant's requested special instruction on mercy. ( People v. Stanley (1995) 10 Cal.4th 764, 840 [ 42 Cal. Rptr.2d 543 , 897 P.2d 481 ].) Nor did it err by refusing to instruct on sympathy. ( People v. Clark (1992) 3 Cal.4th 41, 163 [ 10 Cal. Rptr.2d 554 , 833 P.2d 561 ].) Nor did error occur when the court failed to instruct that the question whether aggravation outweighed mitigation must be pro | 1 | 1 |
People v. Osbandgreen2 sentences1998(E.g., People v. Osband, supra, 13 Cal.4th at p. 716.) And, in light of the above quoted instruction the court gave that expanded section 190.3, factor (k), the court did not err by refusing to give defendant’s requested special instruction on mercy. 1998(E.g., People v. Osband, supra, 13 Cal.4th at p. 716.) And, in light of the above quoted instruction the court gave that expanded section 190.3, factor (k), the court did not err by refusing to give defendant's requested special instruction on mercy. ( People v. Stanley (1995) 10 Cal.4th 764, 840 [ 42 Cal. Rptr.2d 543 , 897 P.2d 481 ].) Nor did it err by refusing to instruct on sympathy. ( People v. Clark (1992) 3 Cal.4th 41, 163 [ 10 Cal. Rptr.2d 554 , 833 P.2d 561 ].) Nor did error occur when the court failed to instruct that the question whether aggravation outweighed mitigation must be pro | 1 | 1 |
Witherspoon v. Wernickegreen2 sentences1995Further, in light of our conclusion that Graham’s first claim for relief under section 21350 would not trigger the no contest clause, we need not address Graham’s other arguments regarding the applicability of the no contest clause to the first claim. 9 The court’s reliance on Estate of Wernicke (1993) 16 Cal.App.4th 1069, 1075 [ 20 Cal.Rptr.2d 481 ] suggests the court considered the merits of the third proposed claim rather than its character in relation to the no contest clause. 1995Further, in light of our conclusion that Graham’s first claim for relief under section 21350 would not trigger the no contest clause, we need not address Graham’s other arguments regarding the applicability of the no contest clause to the first claim. 9 The court’s reliance on Estate of Wernicke (1993) 16 Cal.App.4th 1069, 1075 [ 20 Cal.Rptr.2d 481 ] suggests the court considered the merits of the third proposed claim rather than its character in relation to the no contest clause. | 1 | 1 |
People v. Germanygreen2 sentences1988It is of course the rule that the court is under no duty to give a requested instruction when there is no substantial evidence in support. ( People v. Flannel (1979) 25 Cal.3d 668, 684-685 [ 160 Cal. Rptr. 84 , 603 P.2d 1 ] (plur. opn.).) "Involuntary manslaughter is ... inherently an unintentional killing." ( People v. Broussard (1977) 76 Cal. App.3d 193, 197 [ 142 Cal. Rptr. 664 ] (italics added); accord, People v. Germany (1974) 42 Cal. App.3d 414, 419 [ 116 Cal. Rptr. 841 ].) As the physical evidence established, defendant shot Parmer six times at point-blank range, the last three times as 1988It is of course the rule that the court is under no duty to give a requested instruction when there is no substantial evidence in support. ( People v. Flannel (1979) 25 Cal.3d 668, 684-685 [ 160 Cal. Rptr. 84 , 603 P.2d 1 ] (plur. opn.).) "Involuntary manslaughter is ... inherently an unintentional killing." ( People v. Broussard (1977) 76 Cal. App.3d 193, 197 [ 142 Cal. Rptr. 664 ] (italics added); accord, People v. Germany (1974) 42 Cal. App.3d 414, 419 [ 116 Cal. Rptr. 841 ].) As the physical evidence established, defendant shot Parmer six times at point-blank range, the last three times as | 1 | 1 |
People v. Andersongreen2 sentences1988Because the proposed instruction, even if properly drafted, "merely elaborate[s] upon the general instruction[s]," refusal to give it was not error. ( People v. Anderson (1966) 64 Cal.2d 633, 640-641 [ 51 Cal. Rptr. 238 , 414 P.2d 366 ].) (5) The third proposed instruction involved involuntary manslaughter. 1988Because the proposed instruction, even if properly drafted, "merely elaborate[s] upon the general instruction[s]," refusal to give it was not error. ( People v. Anderson (1966) 64 Cal.2d 633, 640-641 [ 51 Cal. Rptr. 238 , 414 P.2d 366 ].) (5) The third proposed instruction involved involuntary manslaughter. | 1 | 1 |
People v. Flannelred2 sentences1988It is of course the rule that the court is under no duty to give a requested instruction when there is no substantial evidence in support. ( People v. Flannel (1979) 25 Cal.3d 668, 684-685 [ 160 Cal. Rptr. 84 , 603 P.2d 1 ] (plur. opn.).) "Involuntary manslaughter is ... inherently an unintentional killing." ( People v. Broussard (1977) 76 Cal. App.3d 193, 197 [ 142 Cal. Rptr. 664 ] (italics added); accord, People v. Germany (1974) 42 Cal. App.3d 414, 419 [ 116 Cal. Rptr. 841 ].) As the physical evidence established, defendant shot Parmer six times at point-blank range, the last three times as 1988It is of course the rule that the court is under no duty to give a requested instruction when there is no substantial evidence in support. ( People v. Flannel (1979) 25 Cal.3d 668, 684-685 [ 160 Cal. Rptr. 84 , 603 P.2d 1 ] (plur. opn.).) "Involuntary manslaughter is ... inherently an unintentional killing." ( People v. Broussard (1977) 76 Cal. App.3d 193, 197 [ 142 Cal. Rptr. 664 ] (italics added); accord, People v. Germany (1974) 42 Cal. App.3d 414, 419 [ 116 Cal. Rptr. 841 ].) As the physical evidence established, defendant shot Parmer six times at point-blank range, the last three times as | 1 | 1 |
People v. Broussardgreen2 sentences1988It is of course the rule that the court is under no duty to give a requested instruction when there is no substantial evidence in support. ( People v. Flannel (1979) 25 Cal.3d 668, 684-685 [ 160 Cal. Rptr. 84 , 603 P.2d 1 ] (plur. opn.).) "Involuntary manslaughter is ... inherently an unintentional killing." ( People v. Broussard (1977) 76 Cal. App.3d 193, 197 [ 142 Cal. Rptr. 664 ] (italics added); accord, People v. Germany (1974) 42 Cal. App.3d 414, 419 [ 116 Cal. Rptr. 841 ].) As the physical evidence established, defendant shot Parmer six times at point-blank range, the last three times as 1988It is of course the rule that the court is under no duty to give a requested instruction when there is no substantial evidence in support. ( People v. Flannel (1979) 25 Cal.3d 668, 684-685 [ 160 Cal. Rptr. 84 , 603 P.2d 1 ] (plur. opn.).) "Involuntary manslaughter is ... inherently an unintentional killing." ( People v. Broussard (1977) 76 Cal. App.3d 193, 197 [ 142 Cal. Rptr. 664 ] (italics added); accord, People v. Germany (1974) 42 Cal. App.3d 414, 419 [ 116 Cal. Rptr. 841 ].) As the physical evidence established, defendant shot Parmer six times at point-blank range, the last three times as | 1 | 1 |
Bazzoli v. Nance's Sanitarium, Inc.green2 sentences1958The fourth proposed instruction is BAJI No. 206-B. 4 The form of this instruction was approved in Hinds v. Wheadon, 67 Cal.App.2d 456, 466 [ 154 P.2d 720 ]; Bazzoli v. Nance’s Sanitarium, Inc., 109 Cal.App.2d 232, 239, 242 [ 240 P.2d 672 ] Meyers v. G. 1958The fourth proposed instruction is BAJI No. 206-B. 4 The form of this instruction was approved in Hinds v. Wheadon, 67 Cal.App.2d 456, 466 [ 154 P.2d 720 ]; Bazzoli v. Nance’s Sanitarium, Inc., 109 Cal.App.2d 232, 239, 242 [ 240 P.2d 672 ] Meyers v. G. | 1 | 1 |
Gigliotti v. Nunesgreen2 sentences1958(See Gigliotti v. Nunes, 45 Cal.2d 85, 95 [ 286 P.2d 809 ].) The third proposed instruction is also objected to on the ground that it states nothing about plaintiff’s possible contributory negligence, an argument not well taken for reasons already indicated. 1958(See Gigliotti v. Nunes, 45 Cal.2d 85, 95 [ 286 P.2d 809 ].) The third proposed instruction is also objected to on the ground that it states nothing about plaintiff’s possible contributory negligence, an argument not well taken for reasons already indicated. | 1 | 1 |
Hinds v. Wheadongreen2 sentences1958The fourth proposed instruction is BAJI No. 206-B. 4 The form of this instruction was approved in Hinds v. Wheadon, 67 Cal.App.2d 456, 466 [ 154 P.2d 720 ]; Bazzoli v. Nance’s Sanitarium, Inc., 109 Cal.App.2d 232, 239, 242 [ 240 P.2d 672 ] Meyers v. G. 1958The fourth proposed instruction is BAJI No. 206-B. 4 The form of this instruction was approved in Hinds v. Wheadon, 67 Cal.App.2d 456, 466 [ 154 P.2d 720 ]; Bazzoli v. Nance’s Sanitarium, Inc., 109 Cal.App.2d 232, 239, 242 [ 240 P.2d 672 ] Meyers v. G. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Gutierrez
green
2 sentences2020(People v. Gutierrez (2002) 28 Cal.4th 1083 , 1160– 1161.) The third proposed instruction provided: “The law of California does not require that you ever vote to impose the penalty of death. 2020(People v. Gutierrez (2002) 28 Cal.4th 1083 , 1160– 1161.) The third proposed instruction provided: “The law of California does not require that you ever vote to impose the penalty of death. | 2 | 2020–2020 |
People v. Ochoa
green
2 sentences2020In People v. Ochoa (2001) 26 Cal.4th 398, 457 , we concluded that the court’s refusal to give a substantially similar instruction was not erroneous because, as in this case, the court properly instructed the jury on aggravating and mitigating factors. 2020In People v. Ochoa (2001) 26 Cal.4th 398, 457 , we concluded that the court’s refusal to give a substantially similar instruction was not erroneous because, as in this case, the court properly instructed the jury on aggravating and mitigating factors. | 2 | 2020–2020 |
People v. Smithey
green
2 sentences2020We have previously held that such instructions are not necessary because “the catchall section 190.3, factor (k) instruction ‘allows the jury to consider a 84 PEOPLE v. FREDERICKSON, Opinion of the Court by Chin, J. virtually unlimited range of mitigating circumstances.’ ” (People v. Smithey (1999) 20 Cal.4th 936, 1007 .) The third proposed instruction would have told the jury it could not consider evidence of defendant’s lifestyle or background as an aggravating factor, but it could consider such evidence as a mitigating factor. 2020We have previously held that such instructions are not necessary because “the catchall section 190.3, factor (k) instruction ‘allows the jury to consider a 84 PEOPLE v. FREDERICKSON, Opinion of the Court by Chin, J. virtually unlimited range of mitigating circumstances.’ ” (People v. Smithey (1999) 20 Cal.4th 936, 1007 .) The third proposed instruction would have told the jury it could not consider evidence of defendant’s lifestyle or background as an aggravating factor, but it could consider such evidence as a mitigating factor. | 2 | 2020–2020 |
People v. Hendricks
green
1 sentence1995The controlling authority is People v. Hendricks, supra, 44 Cal.3d at page 643 where our Supreme Court held: “The third proposed instruction involved involuntary manslaughter. | 1 | 1995–1995 |
People v. Kiser
green
2 sentences1944(People v. Kiser, 24 Cal.App. 540 [ 141 P. 1078 ].) The third proposed instruction required that each circumstance in a chain must be established to a moral certainty and beyond a reasonable doubt. 1944(People v. Kiser, 24 Cal.App. 540 [ 141 P. 1078 ].) The third proposed instruction required that each circumstance in a chain must be established to a moral certainty and beyond a reasonable doubt. | 1 | 1944–1944 |
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.