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7 California opinions name it 2 courts 1988–2025 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.
| Case | Followed | Cited |
|---|---|---|
American Academy of Pediatrics v. Lungrengreen2 sentences2007Rather, [he or she] must demonstrate that the act’s provisions inevitably pose a present total and fatal conflict with applicable constitutional prohibitions.” ’ [Citations.]” (Italics omitted.) Samples questions the continuing viability of this test and suggests that the burden of proving a statute is unconstitutional on its face was substantially lightened by our Supreme Court in American Academy of Pediatrics v. Lungren (1997) 16 Cal.4th 307, 342-348 [ 66 Cal.Rptr.2d 210 , 940 P.2d 797 ] (American Academy). 2007Rather, [he or she] must demonstrate that the act’s provisions inevitably pose a present total and fatal conflict with applicable constitutional prohibitions.” ’ [Citations.]” (Italics omitted.) Samples questions the continuing viability of this test and suggests that the burden of proving a statute is unconstitutional on its face was substantially lightened by our Supreme Court in American Academy of Pediatrics v. Lungren (1997) 16 Cal.4th 307, 342-348 [ 66 Cal.Rptr.2d 210 , 940 P.2d 797 ] (American Academy). | 1 | 1 |
People v. Rodriguezgreen1 sentence2000“A long line of California decisions holds that an assault is not committed by a person’s merely pointing an (unloaded) gun in a threatening manner at another person. [Citations.] The continuing viability of this rule is not questioned in this case, and the parties’ briefs do not address it.” (People v. Rodriguez, supra, 20 Cal.4th at p. 11, fn. 3 .) This “operability” requirement is an anachronism which is incompatible with the realities of a society in which the unlawful use of guns is a major and continuing problem, and in light of the fact (ante, fn. 9) that both replica guns and real but | 1 | 1 |
People v. Valdezgreen2 sentences1999(People v. Fain (1983) 34 Cal.3d 350, 357, fn. 6 [ 193 Cal.Rptr. 890 , 667 P.2d 694 ]; People v. Sylva (1904) 143 Cal. 62, 64 [ 76 P. 814 ]; People v. Lee Kong (1892) 95 Cal. 666, 668-669 [ 30 P. 800 ]; People v. Valdez (1985) 175 Cal.App.3d 103, 111 [ 220 Cal.Rptr. 538 ].) The continuing viability of this rule is not questioned in this case, and the parties’ briefs do not address it. 1999(People v. Fain (1983) 34 Cal.3d 350, 357, fn. 6 [ 193 Cal.Rptr. 890 , 667 P.2d 694 ]; People v. Sylva (1904) 143 Cal. 62, 64 [ 76 P. 814 ]; People v. Lee Kong (1892) 95 Cal. 666, 668-669 [ 30 P. 800 ]; People v. Valdez (1985) 175 Cal.App.3d 103, 111 [ 220 Cal.Rptr. 538 ].) The continuing viability of this rule is not questioned in this case, and the parties’ briefs do not address it. | 1 | 1 |
People v. Faingreen2 sentences1999(People v. Fain (1983) 34 Cal.3d 350, 357, fn. 6 [ 193 Cal.Rptr. 890 , 667 P.2d 694 ]; People v. Sylva (1904) 143 Cal. 62, 64 [ 76 P. 814 ]; People v. Lee Kong (1892) 95 Cal. 666, 668-669 [ 30 P. 800 ]; People v. Valdez (1985) 175 Cal.App.3d 103, 111 [ 220 Cal.Rptr. 538 ].) The continuing viability of this rule is not questioned in this case, and the parties’ briefs do not address it. 1999(People v. Fain (1983) 34 Cal.3d 350, 357, fn. 6 [ 193 Cal.Rptr. 890 , 667 P.2d 694 ]; People v. Sylva (1904) 143 Cal. 62, 64 [ 76 P. 814 ]; People v. Lee Kong (1892) 95 Cal. 666, 668-669 [ 30 P. 800 ]; People v. Valdez (1985) 175 Cal.App.3d 103, 111 [ 220 Cal.Rptr. 538 ].) The continuing viability of this rule is not questioned in this case, and the parties’ briefs do not address it. | 1 | 1 |
People v. Sylvagreen2 sentences1999(People v. Fain (1983) 34 Cal.3d 350, 357, fn. 6 [ 193 Cal.Rptr. 890 , 667 P.2d 694 ]; People v. Sylva (1904) 143 Cal. 62, 64 [ 76 P. 814 ]; People v. Lee Kong (1892) 95 Cal. 666, 668-669 [ 30 P. 800 ]; People v. Valdez (1985) 175 Cal.App.3d 103, 111 [ 220 Cal.Rptr. 538 ].) The continuing viability of this rule is not questioned in this case, and the parties’ briefs do not address it. 1999(People v. Fain (1983) 34 Cal.3d 350, 357, fn. 6 [ 193 Cal.Rptr. 890 , 667 P.2d 694 ]; People v. Sylva (1904) 143 Cal. 62, 64 [ 76 P. 814 ]; People v. Lee Kong (1892) 95 Cal. 666, 668-669 [ 30 P. 800 ]; People v. Valdez (1985) 175 Cal.App.3d 103, 111 [ 220 Cal.Rptr. 538 ].) The continuing viability of this rule is not questioned in this case, and the parties’ briefs do not address it. | 1 | 1 |
People v. Konggreen2 sentences1999(People v. Fain (1983) 34 Cal.3d 350, 357, fn. 6 [ 193 Cal.Rptr. 890 , 667 P.2d 694 ]; People v. Sylva (1904) 143 Cal. 62, 64 [ 76 P. 814 ]; People v. Lee Kong (1892) 95 Cal. 666, 668-669 [ 30 P. 800 ]; People v. Valdez (1985) 175 Cal.App.3d 103, 111 [ 220 Cal.Rptr. 538 ].) The continuing viability of this rule is not questioned in this case, and the parties’ briefs do not address it. 1999(People v. Fain (1983) 34 Cal.3d 350, 357, fn. 6 [ 193 Cal.Rptr. 890 , 667 P.2d 694 ]; People v. Sylva (1904) 143 Cal. 62, 64 [ 76 P. 814 ]; People v. Lee Kong (1892) 95 Cal. 666, 668-669 [ 30 P. 800 ]; People v. Valdez (1985) 175 Cal.App.3d 103, 111 [ 220 Cal.Rptr. 538 ].) The continuing viability of this rule is not questioned in this case, and the parties’ briefs do not address it. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Robert J. v. Leslie M.
green
2 sentences2025Assuming the continuing viability of that exception, the court stated, “[I]t is clear that any ‘injustice’ to appellant in this case is the direct result of her voluntary decision not to participate in or appeal the settlement in the federal class action.” (Id. at p. 433.) The Court of Appeal declined to exercise the manifest injustice exception in Robert J. v. Leslie M. (1997) 51 Cal.App.4th 1642 . 2024Assuming the continuing viability of that exception, the court stated, “[I]t is clear that any ‘injustice’ to appellant in this case is the direct result of her voluntary decision not to participate in or appeal the settlement in the federal class action.” (Id. at p. 433.) The Court of Appeal declined to exercise the manifest injustice exception in Robert J. v. Leslie M. (1997) 51 Cal.App.4th 1642 . | 2 | 2024–2025 |
In Re WINSHIP
green
1 sentence2024(See Winship, supra, 397 U.S. at p. 364 .) This argument takes the cited language from Brigham out of context and ignores the common understanding of the word “abiding.” In Brigham, supra, 25 Cal.3d at page 290 , footnote 8, the Court considered the continuing viability of an instruction in which (1) the term “abiding” was not used; and (2) the instruction simply told the jury that the requisite proof was “that degree of proof which produces conviction in an unprejudiced mind.” The Court explained the instruction without the term abiding was not sufficient because, “[t]he lasting, permanent na | 1 | 2024–2024 |
People v. Brigham
green
1 sentence2024(See Winship, supra, 397 U.S. at p. 364 .) This argument takes the cited language from Brigham out of context and ignores the common understanding of the word “abiding.” In Brigham, supra, 25 Cal.3d at page 290 , footnote 8, the Court considered the continuing viability of an instruction in which (1) the term “abiding” was not used; and (2) the instruction simply told the jury that the requisite proof was “that degree of proof which produces conviction in an unprejudiced mind.” The Court explained the instruction without the term abiding was not sufficient because, “[t]he lasting, permanent na | 1 | 2024–2024 |
People v. Cudjo
green
2 sentences1999(See People v. Cudjo (1993) 6 Cal.4th 585, 611 , 25 Cal.Rptr.2d 390 , 863 P.2d 635 [application of ordinary rules of evidence generally does not impermissibly infringe on an accused's right to present a defense].) [3] A long line of California decisions holds that an assault is not committed by a person's merely pointing an (unloaded) gun in a threatening manner at another person. ( People v. Fain (1983) 34 Cal.3d 350, 357, fn. 6 , 193 Cal.Rptr. 890 , 667 P.2d 694 ; People v. Sylva (1904) 143 Cal. 62, 64 , 76 P. 814 ; People v. Lee Kong (1892) 95 Cal. 666, 668-669 , 30 P. 800 ; People v. Valde 1999(See People v. Cudjo (1993) 6 Cal.4th 585, 611 , 25 Cal.Rptr.2d 390 , 863 P.2d 635 [application of ordinary rules of evidence generally does not impermissibly infringe on an accused's right to present a defense].) [3] A long line of California decisions holds that an assault is not committed by a person's merely pointing an (unloaded) gun in a threatening manner at another person. ( People v. Fain (1983) 34 Cal.3d 350, 357, fn. 6 , 193 Cal.Rptr. 890 , 667 P.2d 694 ; People v. Sylva (1904) 143 Cal. 62, 64 , 76 P. 814 ; People v. Lee Kong (1892) 95 Cal. 666, 668-669 , 30 P. 800 ; People v. Valde | 1 | 1999–1999 |
People v. Dillon
red
2 sentences1988We have repeatedly rejected the argument and upheld the continuing viability of the rule, and do so again. ( People v. Dillon (1983) 34 Cal.3d 441 [ 194 Cal. Rptr. 390 , 668 P.2d 697 ].) 8. 1988We have repeatedly rejected the argument and upheld the continuing viability of the rule, and do so again. ( People v. Dillon (1983) 34 Cal.3d 441 [ 194 Cal. Rptr. 390 , 668 P.2d 697 ].) 8. | 1 | 1988–1988 |
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.