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7 California opinions name it 2 courts 1988–2023 4 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 |
|---|---|---|
Diraffael v. Cal. Army Nat'l Guardgreen1 sentence2023(DiRaffael v. California Army National Guard (2019) 35 Cal.App.5th 692, 718 [“conclusory assertions of prejudice are insufficient”].) The appellant must demonstrate prejudice—by means of a cogent legal and factual argument showing how he would have fared better in the absence of the asserted error. | 1 | 1 |
Patterson v. New Yorkgreen2 sentences1988Proof of the non-existence of all affirmative defenses has never been constitutionally required; . . .” (432 U.S. at p.210 [ 53 L.Ed.2d at p. 292 ].) *693 Relying on the United States Supreme Court’s statement that the defense of extreme emotional disturbance “does not serve to negative any facts of the crime which the State is to prove in order to convict” ( 432 U.S. at p. 207 [ 53 L.Ed.2d at p. 290 ]), defendant asserts that where, as here, the defense negatives an element of the offense—to wit, intent— Sandstrom, supra, 442 U.S. 510 , Franklin, supra, 471 U.S. 307 , and Roder, supra, 33 Cal 1988Proof of the non-existence of all affirmative defenses has never been constitutionally required; . . .” (432 U.S. at p.210 [ 53 L.Ed.2d at p. 292 ].) *693 Relying on the United States Supreme Court’s statement that the defense of extreme emotional disturbance “does not serve to negative any facts of the crime which the State is to prove in order to convict” ( 432 U.S. at p. 207 [ 53 L.Ed.2d at p. 290 ]), defendant asserts that where, as here, the defense negatives an element of the offense—to wit, intent— Sandstrom, supra, 442 U.S. 510 , Franklin, supra, 471 U.S. 307 , and Roder, supra, 33 Cal | 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. Watson
green
2 sentences2023Rather, the California Constitution “ ‘imposes upon th[e] court[s] an obligation to conduct “an examination of the entire cause” and reverse a judgment below for error only upon determining that a “miscarriage of justice” has occurred.’ ” (People v. Hendrix (2022) 13 Cal.5th 933, 941 .) Under the standard set out in People v. Watson (1956) 46 Cal.2d 818 , an error is harmless unless a defendant carries the burden of showing it is “reasonably probable” the outcome would have been more favorable in the absence of the asserted error. 2023(Watson, supra, 46 Cal.2d at p. 836 .) 9 In this regard, we disagree with Chagolla’s claim that the jury’s findings on the gang enhancement allegations attached to counts 1, 2, and 3 were irreconcilably inconsistent. | 2 | 2023–2023 |
People v. Hendrix
green
2 sentences2023(People v. Hendrix, supra, 13 Cal.5th at p. 942 ; People v. Hurtado (2002) 28 Cal.4th 1179, 1190-1191 .) Defendant has not carried that burden here. 2023Rather, the California Constitution “ ‘imposes upon th[e] court[s] an obligation to conduct “an examination of the entire cause” and reverse a judgment below for error only upon determining that a “miscarriage of justice” has occurred.’ ” (People v. Hendrix (2022) 13 Cal.5th 933, 941 .) Under the standard set out in People v. Watson (1956) 46 Cal.2d 818 , an error is harmless unless a defendant carries the burden of showing it is “reasonably probable” the outcome would have been more favorable in the absence of the asserted error. | 1 | 2023–2023 |
People v. Hurtado
green
1 sentence2023(People v. Hendrix, supra, 13 Cal.5th at p. 942 ; People v. Hurtado (2002) 28 Cal.4th 1179, 1190-1191 .) Defendant has not carried that burden here. | 1 | 2023–2023 |
People v. Fudge
green
1 sentence2021(See People v. Fudge (1994) 7 Cal.4th 1075 1103-1104 .) In view of our determination that defendant suffered no prejudice from the asserted error, we reject his suggestion that reversal is required due to ineffective assistance of counsel. | 1 | 2021–2021 |
People v. Brown
green
1 sentence2019(Brown, supra, 46 Cal.3d at p. 448 .) The court admitted the testimony of two other witnesses from prior trials concerning Cavallo’s ownership of a .22-caliber handgun, and Cavallo’s ex-wife testified that he owned such a handgun. 59 PEOPLE v. JOHNSON Opinion of the Court by Cantil-Sakauye, C. | 1 | 2019–2019 |
Zhou v. Unisource Worldwide, Inc.
green
1 sentence2014(Zhou v. Unisource Worldwide (2007) 157 Cal.App.4th 1471, 1480 .) Plaintiffs’ theory of prejudice is that the purported error likely caused the jury to conclude that an authoritative individual believed defendant’s claim that he was not at fault for the accident, and found him not negligent as a result. | 1 | 2014–2014 |
Sandstrom v. Montana
green
1 sentence1988Proof of the non-existence of all affirmative defenses has never been constitutionally required; . . .” (432 U.S. at p.210 [ 53 L.Ed.2d at p. 292 ].) *693 Relying on the United States Supreme Court’s statement that the defense of extreme emotional disturbance “does not serve to negative any facts of the crime which the State is to prove in order to convict” ( 432 U.S. at p. 207 [ 53 L.Ed.2d at p. 290 ]), defendant asserts that where, as here, the defense negatives an element of the offense—to wit, intent— Sandstrom, supra, 442 U.S. 510 , Franklin, supra, 471 U.S. 307 , and Roder, supra, 33 Cal | 1 | 1988–1988 |
People v. Roder
green
1 sentence1988Proof of the non-existence of all affirmative defenses has never been constitutionally required; . . .” (432 U.S. at p.210 [ 53 L.Ed.2d at p. 292 ].) *693 Relying on the United States Supreme Court’s statement that the defense of extreme emotional disturbance “does not serve to negative any facts of the crime which the State is to prove in order to convict” ( 432 U.S. at p. 207 [ 53 L.Ed.2d at p. 290 ]), defendant asserts that where, as here, the defense negatives an element of the offense—to wit, intent— Sandstrom, supra, 442 U.S. 510 , Franklin, supra, 471 U.S. 307 , and Roder, supra, 33 Cal | 1 | 1988–1988 |
Francis v. Franklin
green
1 sentence1988Proof of the non-existence of all affirmative defenses has never been constitutionally required; . . .” (432 U.S. at p.210 [ 53 L.Ed.2d at p. 292 ].) *693 Relying on the United States Supreme Court’s statement that the defense of extreme emotional disturbance “does not serve to negative any facts of the crime which the State is to prove in order to convict” ( 432 U.S. at p. 207 [ 53 L.Ed.2d at p. 290 ]), defendant asserts that where, as here, the defense negatives an element of the offense—to wit, intent— Sandstrom, supra, 442 U.S. 510 , Franklin, supra, 471 U.S. 307 , and Roder, supra, 33 Cal | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.