compelling reason rule (California) · Go Syfert
← California issues

compelling reason rule in California

7 California opinions name it 2 courts 1974–2020 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.

Followed or applied (12)

CaseFollowedCited
In Re Jasmine D.red
calctapp · 2000 · cited in 4 California opinions naming this issue, 2014–2020
2 sentences

2020(Compare, e.g., In re Autumn H. (1994) 27 Cal.App.4th 567, 576 (Autumn H.) [substantial evidence]; In re Jasmine D. (2000) 78 Cal.App.4th 1339, 1351 [abuse of discretion]; In re J.C. (2014) 226 Cal.App.4th 503 , 530- 531 [substantial evidence review as to whether beneficial parent-child relationship exists and abuse of discretion review as to whether that 4 relationship provides a compelling reason to apply exception]; In re K.P. (2012) 203 Cal.App.4th 614, 621-622 .) The “practical differences” between these standards are not significant.

2014In re Autumn H. (1994) 27 Cal.App.4th 567, 576 [applying substantial evidence standard]; In re Jasmine D. (2000) 78 Cal.App.4th 1339, 1351 [applying abuse of discretion standard]; In re K.P., supra, 203 Cal.App.4th 614, 621-622 [applying substantial evidence standard of review to whether beneficial parent-child relationship exists and applying abuse of discretion to standard to whether that relationship provides a compelling reason to apply exception]; accord, In re Bailey J. (2010) 189 Cal.App.4th 1308, 1314 .) Although the “practical differences” among these various standards of review “are

44
In Re Autumn H.green
calctapp · 1994 · cited in 4 California opinions naming this issue, 2014–2020
2 sentences

2020(Compare, e.g., In re Autumn H. (1994) 27 Cal.App.4th 567, 576 (Autumn H.) [substantial evidence]; In re Jasmine D. (2000) 78 Cal.App.4th 1339, 1351 [abuse of discretion]; In re J.C. (2014) 226 Cal.App.4th 503 , 530- 531 [substantial evidence review as to whether beneficial parent-child relationship exists and abuse of discretion review as to whether that 4 relationship provides a compelling reason to apply exception]; In re K.P. (2012) 203 Cal.App.4th 614, 621-622 .) The “practical differences” between these standards are not significant.

2014In re Autumn H. (1994) 27 Cal.App.4th 567, 576 [applying substantial evidence standard]; In re Jasmine D. (2000) 78 Cal.App.4th 1339, 1351 [applying abuse of discretion standard]; In re K.P., supra, 203 Cal.App.4th 614, 621-622 [applying substantial evidence standard of review to whether beneficial parent-child relationship exists and applying abuse of discretion to standard to whether that relationship provides a compelling reason to apply exception]; accord, In re Bailey J. (2010) 189 Cal.App.4th 1308, 1314 .) Although the “practical differences” among these various standards of review “are

44
Santa Clara County Department of Family & Children's Services v. Patricia J.green
calctapp · 2010 · cited in 3 California opinions naming this issue, 2014–2014
2 sentences

2014In re Autumn H. (1994) 27 Cal.App.4th 567, 576 [applying substantial evidence standard]; In re Jasmine D. (2000) 78 Cal.App.4th 1339, 1351 [applying abuse of discretion standard]; In re K.P., supra, 203 Cal.App.4th 614, 621-622 [applying substantial evidence standard of review to whether beneficial parent-child relationship exists and applying abuse of discretion to standard to whether that relationship provides a compelling reason to apply exception]; accord, In re Bailey J. (2010) 189 Cal.App.4th 1308, 1314 .) Although the “practical differences” among these various standards of review “are

2014(Compare, e.g., In re Autumn H., supra, 27 Cal.App.4th at p. 576 [applying substantial evidence standard]; In re Jasmine D. (2000) 78 Cal.App.4th 1339, 1351 [applying abuse of discretion standard]; In re K.P. (2012) 203 Cal.App.4th 614, 621-622 [applying substantial evidence standard of review to whether beneficial parent-child relationship exists and applying abuse of discretion to standard to whether that relationship provides a compelling reason to apply exception]; accord, In re Bailey J. (2010) 189 Cal.App.4th 1308, 1314 .) The “practical differences” among these various standards of revi

33
Los Angeles County Department of Children & Family Services v. Kimberly G.green
calctapp · 2012 · cited in 4 California opinions naming this issue, 2014–2020
2 sentences

2020(Compare, e.g., In re Autumn H. (1994) 27 Cal.App.4th 567, 576 (Autumn H.) [substantial evidence]; In re Jasmine D. (2000) 78 Cal.App.4th 1339, 1351 [abuse of discretion]; In re J.C. (2014) 226 Cal.App.4th 503 , 530- 531 [substantial evidence review as to whether beneficial parent-child relationship exists and abuse of discretion review as to whether that 4 relationship provides a compelling reason to apply exception]; In re K.P. (2012) 203 Cal.App.4th 614, 621-622 .) The “practical differences” between these standards are not significant.

2014In re Autumn H. (1994) 27 Cal.App.4th 567, 576 [applying substantial evidence standard]; In re Jasmine D. (2000) 78 Cal.App.4th 1339, 1351 [applying abuse of discretion standard]; In re K.P., supra, 203 Cal.App.4th 614, 621-622 [applying substantial evidence standard of review to whether beneficial parent-child relationship exists and applying abuse of discretion to standard to whether that relationship provides a compelling reason to apply exception]; accord, In re Bailey J. (2010) 189 Cal.App.4th 1308, 1314 .) Although the “practical differences” among these various standards of review “are

24
Satterwhite v. Texasgreen
scotus · 1988 · cited in 1 California opinions naming this issue, 2007–2007
2 sentences

2007(Satterwhite v. Texas (1988) 486 U.S. 249, 257-258 [ 100 L.Ed.2d 284, 294-295 , 108 S.Ct. 1792 ].) The Attorney General contends that if counsel should have been appointed for defendant, reversal is not required.

2007(Satterwhite v. Texas (1988) 486 U.S. 249, 257-258 [ 100 L.Ed.2d 284, 294-295 , 108 S.Ct. 1792 ].) The Attorney General contends that if counsel should have been appointed for defendant, reversal is not required.

11
People v. Boninred
cal · 1988 · cited in 1 California opinions naming this issue, 2007–2007
2 sentences

2007(People v. Bigelow (1984) 37 Cal.3d 731, 744 [ 209 Cal.Rptr. 328 , 691 P.2d 994 ].) “The compelling reason for the rule of prejudice per se is that no realistic measure of prejudice resulting from counsel’s' nonparticipation can be made when, because of the very absence thereof, the record fails to reflect what different direction the proceedings might have taken and what different results might have obtained.” (In re William F. (1974) 11 Cal.3d 249, 256 [ 113 Cal.Rptr. 170 , 520 P.2d 986 ], disapproved- on another- point in People v. Bonin (1988) 46 Cal.3d 659, 695, fn. 4 [ 250 Cal.Rptr. 687

2007(People v. Bigelow (1984) 37 Cal.3d 731, 744 [ 209 Cal.Rptr. 328 , 691 P.2d 994 ].) “The compelling reason for the rule of prejudice per se is that no realistic measure of prejudice resulting from counsel’s' nonparticipation can be made when, because of the very absence thereof, the record fails to reflect what different direction the proceedings might have taken and what different results might have obtained.” (In re William F. (1974) 11 Cal.3d 249, 256 [ 113 Cal.Rptr. 170 , 520 P.2d 986 ], disapproved- on another- point in People v. Bonin (1988) 46 Cal.3d 659, 695, fn. 4 [ 250 Cal.Rptr. 687

11
People v. Bigelowgreen
cal · 1984 · cited in 1 California opinions naming this issue, 2007–2007
2 sentences

2007(People v. Bigelow (1984) 37 Cal.3d 731, 744 [ 209 Cal.Rptr. 328 , 691 P.2d 994 ].) “The compelling reason for the rule of prejudice per se is that no realistic measure of prejudice resulting from counsel’s' nonparticipation can be made when, because of the very absence thereof, the record fails to reflect what different direction the proceedings might have taken and what different results might have obtained.” (In re William F. (1974) 11 Cal.3d 249, 256 [ 113 Cal.Rptr. 170 , 520 P.2d 986 ], disapproved- on another- point in People v. Bonin (1988) 46 Cal.3d 659, 695, fn. 4 [ 250 Cal.Rptr. 687

2007(People v. Bigelow (1984) 37 Cal.3d 731, 744 [ 209 Cal.Rptr. 328 , 691 P.2d 994 ].) “The compelling reason for the rule of prejudice per se is that no realistic measure of prejudice resulting from counsel’s' nonparticipation can be made when, because of the very absence thereof, the record fails to reflect what different direction the proceedings might have taken and what different results might have obtained.” (In re William F. (1974) 11 Cal.3d 249, 256 [ 113 Cal.Rptr. 170 , 520 P.2d 986 ], disapproved- on another- point in People v. Bonin (1988) 46 Cal.3d 659, 695, fn. 4 [ 250 Cal.Rptr. 687

11
Callahan v. William F.green
cal · 1974 · cited in 1 California opinions naming this issue, 2007–2007
2 sentences

2007(People v. Bigelow (1984) 37 Cal.3d 731, 744 [ 209 Cal.Rptr. 328 , 691 P.2d 994 ].) “The compelling reason for the rule of prejudice per se is that no realistic measure of prejudice resulting from counsel’s' nonparticipation can be made when, because of the very absence thereof, the record fails to reflect what different direction the proceedings might have taken and what different results might have obtained.” (In re William F. (1974) 11 Cal.3d 249, 256 [ 113 Cal.Rptr. 170 , 520 P.2d 986 ], disapproved- on another- point in People v. Bonin (1988) 46 Cal.3d 659, 695, fn. 4 [ 250 Cal.Rptr. 687

2007(People v. Bigelow (1984) 37 Cal.3d 731, 744 [ 209 Cal.Rptr. 328 , 691 P.2d 994 ].) “The compelling reason for the rule of prejudice per se is that no realistic measure of prejudice resulting from counsel’s' nonparticipation can be made when, because of the very absence thereof, the record fails to reflect what different direction the proceedings might have taken and what different results might have obtained.” (In re William F. (1974) 11 Cal.3d 249, 256 [ 113 Cal.Rptr. 170 , 520 P.2d 986 ], disapproved- on another- point in People v. Bonin (1988) 46 Cal.3d 659, 695, fn. 4 [ 250 Cal.Rptr. 687

11
Shapiro v. Thompsonred
scotus · 1969 · cited in 1 California opinions naming this issue, 1995–1995
2 sentences

1995Thus, the durational residence requirement directly impinges on the exercise of a second fundamental personal right, the right to travel.” (Id. at p. 338 [31 L.Ed.2d at pp. 281-282].) The court emphasized the imposition of a “direct” burden on travel: “Obviously, durational residence laws single out the class of bona fide state and county residents who have recently exercised this constitutionally protected right, and penalize such travelers directly.” (Ibid.) It also took care to point out, as it had in Shapiro v. Thompson, supra, 394 U.S. 618, 638, fn. 21 [ 22 L.Ed.2d 600, 617 ]), that a law

1995Thus, the durational residence requirement directly impinges on the exercise of a second fundamental personal right, the right to travel.” (Id. at p. 338 [31 L.Ed.2d at pp. 281-282].) The court emphasized the imposition of a “direct” burden on travel: “Obviously, durational residence laws single out the class of bona fide state and county residents who have recently exercised this constitutionally protected right, and penalize such travelers directly.” (Ibid.) It also took care to point out, as it had in Shapiro v. Thompson, supra, 394 U.S. 618, 638, fn. 21 [ 22 L.Ed.2d 600, 617 ]), that a law

11
Williams v. Kaisergreen
scotus · 1945 · cited in 1 California opinions naming this issue, 1974–1974
2 sentences

1974(See People v. Chesser (1947) 29 Cal.2d 815, 821 [ 178 P.2d 761 ]; see also Williams v. Kaiser (1945) 323 U.S. 471, 474-475 [ 89 L.Ed. 398, 401-402 , 65 S.Ct. 363 ].) “The right to have the assistance of counsel is too fundamental and absolute to allow courts to indulge in nice calculations as to the amount of prejudice arising from its denial.” (Glasser v. United States (1942) 315 U.S. 60, 76 [ 86 L.Ed. 680, 702 , 62 S.Ct. 457 ].) The rule presuming prejudice particularly requires application in the instant case; it would be futile for us to attempt to measure prejudice on the basis of an arg

1974(See People v. Chesser (1947) 29 Cal.2d 815, 821 [ 178 P.2d 761 ]; see also Williams v. Kaiser (1945) 323 U.S. 471, 474-475 [ 89 L.Ed. 398, 401-402 , 65 S.Ct. 363 ].) “The right to have the assistance of counsel is too fundamental and absolute to allow courts to indulge in nice calculations as to the amount of prejudice arising from its denial.” (Glasser v. United States (1942) 315 U.S. 60, 76 [ 86 L.Ed. 680, 702 , 62 S.Ct. 457 ].) The rule presuming prejudice particularly requires application in the instant case; it would be futile for us to attempt to measure prejudice on the basis of an arg

11
Glasser v. United Statesgreen
scotus · 1942 · cited in 1 California opinions naming this issue, 1974–1974
2 sentences

1974(See People v. Chesser (1947) 29 Cal.2d 815, 821 [ 178 P.2d 761 ]; see also Williams v. Kaiser (1945) 323 U.S. 471, 474-475 [ 89 L.Ed. 398, 401-402 , 65 S.Ct. 363 ].) “The right to have the assistance of counsel is too fundamental and absolute to allow courts to indulge in nice calculations as to the amount of prejudice arising from its denial.” (Glasser v. United States (1942) 315 U.S. 60, 76 [ 86 L.Ed. 680, 702 , 62 S.Ct. 457 ].) The rule presuming prejudice particularly requires application in the instant case; it would be futile for us to attempt to measure prejudice on the basis of an arg

1974(See People v. Chesser (1947) 29 Cal.2d 815, 821 [ 178 P.2d 761 ]; see also Williams v. Kaiser (1945) 323 U.S. 471, 474-475 [ 89 L.Ed. 398, 401-402 , 65 S.Ct. 363 ].) “The right to have the assistance of counsel is too fundamental and absolute to allow courts to indulge in nice calculations as to the amount of prejudice arising from its denial.” (Glasser v. United States (1942) 315 U.S. 60, 76 [ 86 L.Ed. 680, 702 , 62 S.Ct. 457 ].) The rule presuming prejudice particularly requires application in the instant case; it would be futile for us to attempt to measure prejudice on the basis of an arg

11
People v. Chessergreen
cal · 1947 · cited in 1 California opinions naming this issue, 1974–1974
2 sentences

1974(See People v. Chesser (1947) 29 Cal.2d 815, 821 [ 178 P.2d 761 ]; see also Williams v. Kaiser (1945) 323 U.S. 471, 474-475 [ 89 L.Ed. 398, 401-402 , 65 S.Ct. 363 ].) “The right to have the assistance of counsel is too fundamental and absolute to allow courts to indulge in nice calculations as to the amount of prejudice arising from its denial.” (Glasser v. United States (1942) 315 U.S. 60, 76 [ 86 L.Ed. 680, 702 , 62 S.Ct. 457 ].) The rule presuming prejudice particularly requires application in the instant case; it would be futile for us to attempt to measure prejudice on the basis of an arg

1974(See People v. Chesser (1947) 29 Cal.2d 815, 821 [ 178 P.2d 761 ]; see also Williams v. Kaiser (1945) 323 U.S. 471, 474-475 [ 89 L.Ed. 398, 401-402 , 65 S.Ct. 363 ].) “The right to have the assistance of counsel is too fundamental and absolute to allow courts to indulge in nice calculations as to the amount of prejudice arising from its denial.” (Glasser v. United States (1942) 315 U.S. 60, 76 [ 86 L.Ed. 680, 702 , 62 S.Ct. 457 ].) The rule presuming prejudice particularly requires application in the instant case; it would be futile for us to attempt to measure prejudice on the basis of an arg

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 (1)

CaseCitedYears
Orange County Social Services Agency v. M.C. green
calctapp · 2014
2 sentences

2020(Compare, e.g., In re Autumn H. (1994) 27 Cal.App.4th 567, 576 (Autumn H.) [substantial evidence]; In re Jasmine D. (2000) 78 Cal.App.4th 1339, 1351 [abuse of discretion]; In re J.C. (2014) 226 Cal.App.4th 503 , 530- 531 [substantial evidence review as to whether beneficial parent-child relationship exists and abuse of discretion review as to whether that 4 relationship provides a compelling reason to apply exception]; In re K.P. (2012) 203 Cal.App.4th 614, 621-622 .) The “practical differences” between these standards are not significant.

2014(In re Bailey J.[, supra,] 189 Cal.App.4th [at pp.], 1314-1315.) The Bailey J. court observed that the juvenile court’s decision whether an adoption exception applies involves two component determinations. ‘Since the proponent of the exception bears the burden of producing evidence of the existence of a beneficial parental or sibling 13 relationship, which is a factual issue, the substantial evidence standard of review is the appropriate one to apply to this component of the juvenile court’s determination.’ (Id. at p. 1314.) The second determination in the exception analysis is whether the exi

22014–2020

Where else courts name it

MI 17 (1991–2019) CA 7 (1974–2020) MT 3 (1981–1994) AL 3 (2011–2024) TX 3 (2010–2015) KS 3 (2003–2010) IL 2 (1948–2021) NE 2 (1943–1960) FL 2 (2006–2006)

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.

← Caselaw search · G Cite Topics · Brief Check