continuing viability rule (California) · Go Syfert
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continuing viability rule in California

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.

Followed or applied (6)

CaseFollowedCited
American Academy of Pediatrics v. Lungrengreen
cal · 1997 · cited in 1 California opinions naming this issue, 2007–2007
2 sentences

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).

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).

11
People v. Rodriguezgreen
cal · 1999 · cited in 1 California opinions naming this issue, 2000–2000
1 sentence

2000“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

11
People v. Valdezgreen
calctapp · 1985 · cited in 1 California opinions naming this issue, 1999–1999
2 sentences

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.

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.

11
People v. Faingreen
cal · 1983 · cited in 1 California opinions naming this issue, 1999–1999
2 sentences

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.

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.

11
People v. Sylvagreen
cal · 1904 · cited in 1 California opinions naming this issue, 1999–1999
2 sentences

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.

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.

11
People v. Konggreen
cal · 1892 · cited in 1 California opinions naming this issue, 1999–1999
2 sentences

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.

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.

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 (5)

CaseCitedYears
Robert J. v. Leslie M. green
calctapp · 1997
2 sentences

2025Assuming 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 .

22024–2025
In Re WINSHIP green
scotus · 1970
1 sentence

2024(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

12024–2024
People v. Brigham green
cal · 1979
1 sentence

2024(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

12024–2024
People v. Cudjo green
cal · 1993
2 sentences

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

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

11999–1999
People v. Dillon red
cal · 1983
2 sentences

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.

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.

11988–1988

Where else courts name it

CA 7 (1988–2025) NY 6 (1975–2007) CT 6 (1999–2017) PA 4 (1981–2024) FL 4 (1979–2017) MO 4 (1975–2013) CO 3 (2007–2021) MI 3 (1975–2020) OR 2 (1998–2026) MD 2 (1984–1995)

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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