coercive immunity in California

7 California opinions name it 2 courts 1983–2021 1 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 (8)

Case	Followed	Cited
People v. Valdezgreen cal · 2012 · cited in 2 California opinions naming this issue, 2013–2014 2 sentences 2014As discussed, the original note sent by the foreperson complained chiefly of Juror 100’s reliance on her experience as a teacher to support her belief Keller was insane at the time of the offenses.14 Defense counsel did not seek a hearing at this point but argues the rendered it in open court, unless . . . at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.” 13 A coercive instruction to continue deliberations is known as an “Allen charge.” (See Allen v. United States (1896) 164 U.S. 492 [ 17 S.C 2013As discussed, the original note sent by the foreperson complained chiefly of Juror 100’s reliance on her experience as a teacher to support her belief Keller was insane at the time of the offenses.14 Defense counsel did not seek a hearing at this point but argues the rendered it in open court, unless . . . at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.” 13 A coercive instruction to continue deliberations is known as an “Allen charge.” (See Allen v. United States (1896) 164 U.S. 492 [ 17 S.C	2	2
People v. Garrisongreen cal · 1989 · cited in 1 California opinions naming this issue, 1995–1995 2 sentences 1995(See People v. Sully (1991) 53 Cal.3d 1195, 1216-1218 [ 283 Cal. Rptr. 144 , 812 P.2d 163 ]; People v. Morris (1991) 53 Cal.3d 152, 187-193 [ 279 Cal. Rptr. 720 , 807 P.2d 949 ]; People v. Garrison (1989) 47 Cal.3d 746, 767-770 [ 254 Cal. Rptr. 257 , 765 P.2d 419 ]; People v. Adcox (1988) 47 Cal.3d 207, 238-239 [ 253 Cal. Rptr. 55 , 763 P.2d 906 ]; People v. Allen (1986) 42 Cal.3d 1222, 1248-1255 [ 232 Cal. Rptr. 849 , 729 P.2d 115 ]; see also People v. Medina (1974) 41 Cal. App.3d 438, 450-455 [ 116 Cal. Rptr. 133 ]; cf. People v. DeSantis (1992) 2 Cal.4th 1198, 1219 [ 9 Cal. Rptr.2d 628 , 83 1995(See People v. Sully (1991) 53 Cal.3d 1195, 1216-1218 [ 283 Cal. Rptr. 144 , 812 P.2d 163 ]; People v. Morris (1991) 53 Cal.3d 152, 187-193 [ 279 Cal. Rptr. 720 , 807 P.2d 949 ]; People v. Garrison (1989) 47 Cal.3d 746, 767-770 [ 254 Cal. Rptr. 257 , 765 P.2d 419 ]; People v. Adcox (1988) 47 Cal.3d 207, 238-239 [ 253 Cal. Rptr. 55 , 763 P.2d 906 ]; People v. Allen (1986) 42 Cal.3d 1222, 1248-1255 [ 232 Cal. Rptr. 849 , 729 P.2d 115 ]; see also People v. Medina (1974) 41 Cal. App.3d 438, 450-455 [ 116 Cal. Rptr. 133 ]; cf. People v. DeSantis (1992) 2 Cal.4th 1198, 1219 [ 9 Cal. Rptr.2d 628 , 83	1	1
People v. Sullygreen cal · 1991 · cited in 1 California opinions naming this issue, 1995–1995 2 sentences 1995(See People v. Sully (1991) 53 Cal.3d 1195, 1216-1218 [ 283 Cal. Rptr. 144 , 812 P.2d 163 ]; People v. Morris (1991) 53 Cal.3d 152, 187-193 [ 279 Cal. Rptr. 720 , 807 P.2d 949 ]; People v. Garrison (1989) 47 Cal.3d 746, 767-770 [ 254 Cal. Rptr. 257 , 765 P.2d 419 ]; People v. Adcox (1988) 47 Cal.3d 207, 238-239 [ 253 Cal. Rptr. 55 , 763 P.2d 906 ]; People v. Allen (1986) 42 Cal.3d 1222, 1248-1255 [ 232 Cal. Rptr. 849 , 729 P.2d 115 ]; see also People v. Medina (1974) 41 Cal. App.3d 438, 450-455 [ 116 Cal. Rptr. 133 ]; cf. People v. DeSantis (1992) 2 Cal.4th 1198, 1219 [ 9 Cal. Rptr.2d 628 , 83 1995(See People v. Sully (1991) 53 Cal.3d 1195, 1216-1218 [ 283 Cal. Rptr. 144 , 812 P.2d 163 ]; People v. Morris (1991) 53 Cal.3d 152, 187-193 [ 279 Cal. Rptr. 720 , 807 P.2d 949 ]; People v. Garrison (1989) 47 Cal.3d 746, 767-770 [ 254 Cal. Rptr. 257 , 765 P.2d 419 ]; People v. Adcox (1988) 47 Cal.3d 207, 238-239 [ 253 Cal. Rptr. 55 , 763 P.2d 906 ]; People v. Allen (1986) 42 Cal.3d 1222, 1248-1255 [ 232 Cal. Rptr. 849 , 729 P.2d 115 ]; see also People v. Medina (1974) 41 Cal. App.3d 438, 450-455 [ 116 Cal. Rptr. 133 ]; cf. People v. DeSantis (1992) 2 Cal.4th 1198, 1219 [ 9 Cal. Rptr.2d 628 , 83	1	1
People v. DeSantisgreen cal · 1992 · cited in 1 California opinions naming this issue, 1995–1995 2 sentences 1995(See People v. Sully (1991) 53 Cal.3d 1195, 1216-1218 [ 283 Cal. Rptr. 144 , 812 P.2d 163 ]; People v. Morris (1991) 53 Cal.3d 152, 187-193 [ 279 Cal. Rptr. 720 , 807 P.2d 949 ]; People v. Garrison (1989) 47 Cal.3d 746, 767-770 [ 254 Cal. Rptr. 257 , 765 P.2d 419 ]; People v. Adcox (1988) 47 Cal.3d 207, 238-239 [ 253 Cal. Rptr. 55 , 763 P.2d 906 ]; People v. Allen (1986) 42 Cal.3d 1222, 1248-1255 [ 232 Cal. Rptr. 849 , 729 P.2d 115 ]; see also People v. Medina (1974) 41 Cal. App.3d 438, 450-455 [ 116 Cal. Rptr. 133 ]; cf. People v. DeSantis (1992) 2 Cal.4th 1198, 1219 [ 9 Cal. Rptr.2d 628 , 83 1995(See People v. Sully (1991) 53 Cal.3d 1195, 1216-1218 [ 283 Cal. Rptr. 144 , 812 P.2d 163 ]; People v. Morris (1991) 53 Cal.3d 152, 187-193 [ 279 Cal. Rptr. 720 , 807 P.2d 949 ]; People v. Garrison (1989) 47 Cal.3d 746, 767-770 [ 254 Cal. Rptr. 257 , 765 P.2d 419 ]; People v. Adcox (1988) 47 Cal.3d 207, 238-239 [ 253 Cal. Rptr. 55 , 763 P.2d 906 ]; People v. Allen (1986) 42 Cal.3d 1222, 1248-1255 [ 232 Cal. Rptr. 849 , 729 P.2d 115 ]; see also People v. Medina (1974) 41 Cal. App.3d 438, 450-455 [ 116 Cal. Rptr. 133 ]; cf. People v. DeSantis (1992) 2 Cal.4th 1198, 1219 [ 9 Cal. Rptr.2d 628 , 83	1	1
People v. Medinagreen calctapp · 1974 · cited in 1 California opinions naming this issue, 1995–1995 2 sentences 1995(See People v. Sully (1991) 53 Cal.3d 1195, 1216-1218 [ 283 Cal. Rptr. 144 , 812 P.2d 163 ]; People v. Morris (1991) 53 Cal.3d 152, 187-193 [ 279 Cal. Rptr. 720 , 807 P.2d 949 ]; People v. Garrison (1989) 47 Cal.3d 746, 767-770 [ 254 Cal. Rptr. 257 , 765 P.2d 419 ]; People v. Adcox (1988) 47 Cal.3d 207, 238-239 [ 253 Cal. Rptr. 55 , 763 P.2d 906 ]; People v. Allen (1986) 42 Cal.3d 1222, 1248-1255 [ 232 Cal. Rptr. 849 , 729 P.2d 115 ]; see also People v. Medina (1974) 41 Cal. App.3d 438, 450-455 [ 116 Cal. Rptr. 133 ]; cf. People v. DeSantis (1992) 2 Cal.4th 1198, 1219 [ 9 Cal. Rptr.2d 628 , 83 1995(See People v. Sully (1991) 53 Cal.3d 1195, 1216-1218 [ 283 Cal. Rptr. 144 , 812 P.2d 163 ]; People v. Morris (1991) 53 Cal.3d 152, 187-193 [ 279 Cal. Rptr. 720 , 807 P.2d 949 ]; People v. Garrison (1989) 47 Cal.3d 746, 767-770 [ 254 Cal. Rptr. 257 , 765 P.2d 419 ]; People v. Adcox (1988) 47 Cal.3d 207, 238-239 [ 253 Cal. Rptr. 55 , 763 P.2d 906 ]; People v. Allen (1986) 42 Cal.3d 1222, 1248-1255 [ 232 Cal. Rptr. 849 , 729 P.2d 115 ]; see also People v. Medina (1974) 41 Cal. App.3d 438, 450-455 [ 116 Cal. Rptr. 133 ]; cf. People v. DeSantis (1992) 2 Cal.4th 1198, 1219 [ 9 Cal. Rptr.2d 628 , 83	1	1
People v. Adcoxgreen cal · 1988 · cited in 1 California opinions naming this issue, 1995–1995 2 sentences 1995(See People v. Sully (1991) 53 Cal.3d 1195, 1216-1218 [ 283 Cal. Rptr. 144 , 812 P.2d 163 ]; People v. Morris (1991) 53 Cal.3d 152, 187-193 [ 279 Cal. Rptr. 720 , 807 P.2d 949 ]; People v. Garrison (1989) 47 Cal.3d 746, 767-770 [ 254 Cal. Rptr. 257 , 765 P.2d 419 ]; People v. Adcox (1988) 47 Cal.3d 207, 238-239 [ 253 Cal. Rptr. 55 , 763 P.2d 906 ]; People v. Allen (1986) 42 Cal.3d 1222, 1248-1255 [ 232 Cal. Rptr. 849 , 729 P.2d 115 ]; see also People v. Medina (1974) 41 Cal. App.3d 438, 450-455 [ 116 Cal. Rptr. 133 ]; cf. People v. DeSantis (1992) 2 Cal.4th 1198, 1219 [ 9 Cal. Rptr.2d 628 , 83 1995(See People v. Sully (1991) 53 Cal.3d 1195, 1216-1218 [ 283 Cal. Rptr. 144 , 812 P.2d 163 ]; People v. Morris (1991) 53 Cal.3d 152, 187-193 [ 279 Cal. Rptr. 720 , 807 P.2d 949 ]; People v. Garrison (1989) 47 Cal.3d 746, 767-770 [ 254 Cal. Rptr. 257 , 765 P.2d 419 ]; People v. Adcox (1988) 47 Cal.3d 207, 238-239 [ 253 Cal. Rptr. 55 , 763 P.2d 906 ]; People v. Allen (1986) 42 Cal.3d 1222, 1248-1255 [ 232 Cal. Rptr. 849 , 729 P.2d 115 ]; see also People v. Medina (1974) 41 Cal. App.3d 438, 450-455 [ 116 Cal. Rptr. 133 ]; cf. People v. DeSantis (1992) 2 Cal.4th 1198, 1219 [ 9 Cal. Rptr.2d 628 , 83	1	1
People v. Morrisgreen cal · 1991 · cited in 1 California opinions naming this issue, 1995–1995 2 sentences 1995(See People v. Sully (1991) 53 Cal.3d 1195, 1216-1218 [ 283 Cal. Rptr. 144 , 812 P.2d 163 ]; People v. Morris (1991) 53 Cal.3d 152, 187-193 [ 279 Cal. Rptr. 720 , 807 P.2d 949 ]; People v. Garrison (1989) 47 Cal.3d 746, 767-770 [ 254 Cal. Rptr. 257 , 765 P.2d 419 ]; People v. Adcox (1988) 47 Cal.3d 207, 238-239 [ 253 Cal. Rptr. 55 , 763 P.2d 906 ]; People v. Allen (1986) 42 Cal.3d 1222, 1248-1255 [ 232 Cal. Rptr. 849 , 729 P.2d 115 ]; see also People v. Medina (1974) 41 Cal. App.3d 438, 450-455 [ 116 Cal. Rptr. 133 ]; cf. People v. DeSantis (1992) 2 Cal.4th 1198, 1219 [ 9 Cal. Rptr.2d 628 , 83 1995(See People v. Sully (1991) 53 Cal.3d 1195, 1216-1218 [ 283 Cal. Rptr. 144 , 812 P.2d 163 ]; People v. Morris (1991) 53 Cal.3d 152, 187-193 [ 279 Cal. Rptr. 720 , 807 P.2d 949 ]; People v. Garrison (1989) 47 Cal.3d 746, 767-770 [ 254 Cal. Rptr. 257 , 765 P.2d 419 ]; People v. Adcox (1988) 47 Cal.3d 207, 238-239 [ 253 Cal. Rptr. 55 , 763 P.2d 906 ]; People v. Allen (1986) 42 Cal.3d 1222, 1248-1255 [ 232 Cal. Rptr. 849 , 729 P.2d 115 ]; see also People v. Medina (1974) 41 Cal. App.3d 438, 450-455 [ 116 Cal. Rptr. 133 ]; cf. People v. DeSantis (1992) 2 Cal.4th 1198, 1219 [ 9 Cal. Rptr.2d 628 , 83	1	1
People v. Allengreen cal · 1986 · cited in 1 California opinions naming this issue, 1995–1995 2 sentences 1995(See People v. Sully (1991) 53 Cal.3d 1195, 1216-1218 [ 283 Cal. Rptr. 144 , 812 P.2d 163 ]; People v. Morris (1991) 53 Cal.3d 152, 187-193 [ 279 Cal. Rptr. 720 , 807 P.2d 949 ]; People v. Garrison (1989) 47 Cal.3d 746, 767-770 [ 254 Cal. Rptr. 257 , 765 P.2d 419 ]; People v. Adcox (1988) 47 Cal.3d 207, 238-239 [ 253 Cal. Rptr. 55 , 763 P.2d 906 ]; People v. Allen (1986) 42 Cal.3d 1222, 1248-1255 [ 232 Cal. Rptr. 849 , 729 P.2d 115 ]; see also People v. Medina (1974) 41 Cal. App.3d 438, 450-455 [ 116 Cal. Rptr. 133 ]; cf. People v. DeSantis (1992) 2 Cal.4th 1198, 1219 [ 9 Cal. Rptr.2d 628 , 83 1995(See People v. Sully (1991) 53 Cal.3d 1195, 1216-1218 [ 283 Cal. Rptr. 144 , 812 P.2d 163 ]; People v. Morris (1991) 53 Cal.3d 152, 187-193 [ 279 Cal. Rptr. 720 , 807 P.2d 949 ]; People v. Garrison (1989) 47 Cal.3d 746, 767-770 [ 254 Cal. Rptr. 257 , 765 P.2d 419 ]; People v. Adcox (1988) 47 Cal.3d 207, 238-239 [ 253 Cal. Rptr. 55 , 763 P.2d 906 ]; People v. Allen (1986) 42 Cal.3d 1222, 1248-1255 [ 232 Cal. Rptr. 849 , 729 P.2d 115 ]; see also People v. Medina (1974) 41 Cal. App.3d 438, 450-455 [ 116 Cal. Rptr. 133 ]; cf. People v. DeSantis (1992) 2 Cal.4th 1198, 1219 [ 9 Cal. Rptr.2d 628 , 83	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
People v. Gainer green cal · 1977 2 sentences 2014As discussed, the original note sent by the foreperson complained chiefly of Juror 100’s reliance on her experience as a teacher to support her belief Keller was insane at the time of the offenses.14 Defense counsel did not seek a hearing at this point but argues the rendered it in open court, unless . . . at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.” 13 A coercive instruction to continue deliberations is known as an “Allen charge.” (See Allen v. United States (1896) 164 U.S. 492 [ 17 S.C 2013As discussed, the original note sent by the foreperson complained chiefly of Juror 100’s reliance on her experience as a teacher to support her belief Keller was insane at the time of the offenses.14 Defense counsel did not seek a hearing at this point but argues the rendered it in open court, unless . . . at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.” 13 A coercive instruction to continue deliberations is known as an “Allen charge.” (See Allen v. United States (1896) 164 U.S. 492 [ 17 S.C	3	2013–2015
In Re Ibarra green cal · 1983 2 sentences 2021The trial court observed, “[Defendant] spoke a lot that day, much more than I see in courtrooms, okay, and what [he] kept speaking about that day was whether or not it was going to be a life sentence, was whether or not he felt as though the sentence was fair to him based on time, not based on innocence or guilt, but based on time.” Later, after the prosecutor had cited the “substantial factor” language in Ibarra, supra, 34 Cal.3d at page 290 , the trial court impliedly found defendant’s concern for Pizana’s health was not a significant consideration in his acceptance of the plea bargain. 2014“For example, if the motivating factor to plead guilty was the realization of the likelihood of conviction at trial, the defendant cannot be said to have been ‘forced’ into pleading guilty, unless the coercive factors present had nevertheless remained a substantial factor in his decision.” 6 (In re Ibarra, supra, 34 Cal.3d at p. 290 .) Defendant appears to argue coercion is evident because he accepted the deal despite a valid defense, while only Nicholas reaped benefits from the agreement.	2	2014–2021
Allen v. United States green · 1896 2 sentences 2014As discussed, the original note sent by the foreperson complained chiefly of Juror 100’s reliance on her experience as a teacher to support her belief Keller was insane at the time of the offenses.14 Defense counsel did not seek a hearing at this point but argues the rendered it in open court, unless . . . at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.” 13 A coercive instruction to continue deliberations is known as an “Allen charge.” (See Allen v. United States (1896) 164 U.S. 492 [ 17 S.C 2014As discussed, the original note sent by the foreperson complained chiefly of Juror 100’s reliance on her experience as a teacher to support her belief Keller was insane at the time of the offenses.14 Defense counsel did not seek a hearing at this point but argues the rendered it in open court, unless . . . at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.” 13 A coercive instruction to continue deliberations is known as an “Allen charge.” (See Allen v. United States (1896) 164 U.S. 492 [ 17 S.C	2	2013–2014
People v. Butler green cal · 2009 2 sentences 2014As discussed, the original note sent by the foreperson complained chiefly of Juror 100’s reliance on her experience as a teacher to support her belief Keller was insane at the time of the offenses.14 Defense counsel did not seek a hearing at this point but argues the rendered it in open court, unless . . . at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.” 13 A coercive instruction to continue deliberations is known as an “Allen charge.” (See Allen v. United States (1896) 164 U.S. 492 [ 17 S.C 2013As discussed, the original note sent by the foreperson complained chiefly of Juror 100’s reliance on her experience as a teacher to support her belief Keller was insane at the time of the offenses.14 Defense counsel did not seek a hearing at this point but argues the rendered it in open court, unless . . . at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.” 13 A coercive instruction to continue deliberations is known as an “Allen charge.” (See Allen v. United States (1896) 164 U.S. 492 [ 17 S.C	2	2013–2014
People v. Whaley green calctapp · 2007 1 sentence 2015The court’s instruction, like the instruction in Moore, specifically advised the jurors to “fully and completely consider[] all of the evidence with your fellow jurors,” to “decide the case for yourself,” and to arrive at a verdict only “if you can do so without surrendering your individual judgment.” As opposed to the more coercive instruction at issue in Gainer, the “firecracker” instruction “did not implicitly approve a movement towards unanimity or otherwise send a message that the holdout juror [or jurors] was to cooperate with the majority. . . . [W]hile the trial court urged the jurors	1	2015–2015
Seybold v. State green wis · 1973 2 sentences 1983(Cf. Commonwealth v. Dupree, supra, 275 A.2d 326 ; Seybold v. State, supra, 61 Wis.2d 227 ; Combs v. Turner, supra, 25 Utah 2d 397 .) Our list is by no means exhaustive. 1983(Cf. Commonwealth v. Dupree, supra, 275 A.2d 326 ; Seybold v. State, supra, 61 Wis.2d 227 ; Combs v. Turner, supra, 25 Utah 2d 397 .) Our list is by no means exhaustive.	1	1983–1983
Combs v. Turner green utah · 1971 2 sentences 1983(Cf. Commonwealth v. Dupree, supra, 275 A.2d 326 ; Seybold v. State, supra, 61 Wis.2d 227 ; Combs v. Turner, supra, 25 Utah 2d 397 .) Our list is by no means exhaustive. 1983(Cf. Commonwealth v. Dupree, supra, 275 A.2d 326 ; Seybold v. State, supra, 61 Wis.2d 227 ; Combs v. Turner, supra, 25 Utah 2d 397 .) Our list is by no means exhaustive.	1	1983–1983
Commonwealth v. Dupree green pa · 1971 2 sentences 1983(Cf. Commonwealth v. Dupree, supra, 275 A.2d 326 ; Seybold v. State, supra, 61 Wis.2d 227 ; Combs v. Turner, supra, 25 Utah 2d 397 .) Our list is by no means exhaustive. 1983(Cf. Commonwealth v. Dupree, supra, 275 A.2d 326 ; Seybold v. State, supra, 61 Wis.2d 227 ; Combs v. Turner, supra, 25 Utah 2d 397 .) Our list is by no means exhaustive.	1	1983–1983

Statutes the citing opinions construe

CA § Cal. Penal Code § 187 (4)

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.

Where else courts name it

CA 7 (1983–2021) PA 6 (1996–2026) MD 5 (1976–2015) MI 4 (1975–1994) KS 3 (1974–1992) WY 3 (1983–2017) MN 2 (2012–2023) FL 2 (1982–1990) NY 2 (1843–1991) IL 2 (2010–2023) ME 2 (2018–2018)

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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