Otto factors (California) · Go Syfert
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Otto factors in California

7 California opinions name it 2 courts 2001–2022 2 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 (7)

CaseFollowedCited
People v. Angulogreen
calctapp · 2005 · cited in 1 California opinions naming this issue, 2022–2022
2 sentences

2022(People v. Angulo (2005) 129 Cal.App.4th 1349, 1361 [“Due process in an SVPA proceeding is satisfied where ‘the defendant has the opportunity to thoroughly present his side of the story’”]; People v. Superior Court (Howard) (1999) 70 Cal.App.4th 136, 154 [due process under the SVPA is preserved when the mandated proceedings provide the defendant “the opportunity to thoroughly present his side of the story”].) IV.

2022(People v. Angulo (2005) 129 Cal.App.4th 1349, 1361 [“Due process in an SVPA proceeding is satisfied where ‘the defendant has the opportunity to thoroughly present his side of the story’”]; People v. Superior Court (Howard) (1999) 70 Cal.App.4th 136, 154 [due process under the SVPA is preserved when the mandated proceedings provide the defendant “the opportunity to thoroughly present his side of the story”].) IV.

11
People v. Superior Courtgreen
calctapp · 1999 · cited in 1 California opinions naming this issue, 2022–2022
2 sentences

2022(People v. Angulo (2005) 129 Cal.App.4th 1349, 1361 [“Due process in an SVPA proceeding is satisfied where ‘the defendant has the opportunity to thoroughly present his side of the story’”]; People v. Superior Court (Howard) (1999) 70 Cal.App.4th 136, 154 [due process under the SVPA is preserved when the mandated proceedings provide the defendant “the opportunity to thoroughly present his side of the story”].) IV.

2022(People v. Angulo (2005) 129 Cal.App.4th 1349, 1361 [“Due process in an SVPA proceeding is satisfied where ‘the defendant has the opportunity to thoroughly present his side of the story’”]; People v. Superior Court (Howard) (1999) 70 Cal.App.4th 136, 154 [due process under the SVPA is preserved when the mandated proceedings provide the defendant “the opportunity to thoroughly present his side of the story”].) IV.

11
LaChance v. Ericksongreen
scotus · 1998 · cited in 1 California opinions naming this issue, 2021–2021
2 sentences

2021“The core of due process is the right to notice and a meaningful opportunity to be heard.” (Lachance v. Erickson (1998) 522 U.S. 262, 266 [ 139 L.Ed.2d 695 ] (Lachance); see also Allen, supra, 44 Cal.4th at p. 869 [“ ‘The fundamental requirement of due process is the opportunity to be heard “at a meaningful time and in a meaningful manner” ’ ”].) On balance, the Allen/Otto factors weigh heavily in favor of providing defendant notice and an opportunity to be heard. the question of whether a defendant’s denial of compassionate release under section 1170(e) was appealable.

2021“The core of due process is the right to notice and a meaningful opportunity to be heard.” (Lachance v. Erickson (1998) 522 U.S. 262, 266 [ 139 L.Ed.2d 695 ] (Lachance); see also Allen, supra, 44 Cal.4th at p. 869 [“ ‘The fundamental requirement of due process is the opportunity to be heard “at a meaningful time and in a meaningful manner” ’ ”].) On balance, the Allen/Otto factors weigh heavily in favor of providing defendant notice and an opportunity to be heard. the question of whether a defendant’s denial of compassionate release under section 1170(e) was appealable.

11
People v. Allengreen
cal · 2008 · cited in 1 California opinions naming this issue, 2021–2021
2 sentences

2021“The core of due process is the right to notice and a meaningful opportunity to be heard.” (Lachance v. Erickson (1998) 522 U.S. 262, 266 [ 139 L.Ed.2d 695 ] (Lachance); see also Allen, supra, 44 Cal.4th at p. 869 [“ ‘The fundamental requirement of due process is the opportunity to be heard “at a meaningful time and in a meaningful manner” ’ ”].) On balance, the Allen/Otto factors weigh heavily in favor of providing defendant notice and an opportunity to be heard. the question of whether a defendant’s denial of compassionate release under section 1170(e) was appealable.

2021“The core of due process is the right to notice and a meaningful opportunity to be heard.” (Lachance v. Erickson (1998) 522 U.S. 262, 266 [ 139 L.Ed.2d 695 ] (Lachance); see also Allen, supra, 44 Cal.4th at p. 869 [“ ‘The fundamental requirement of due process is the opportunity to be heard “at a meaningful time and in a meaningful manner” ’ ”].) On balance, the Allen/Otto factors weigh heavily in favor of providing defendant notice and an opportunity to be heard. the question of whether a defendant’s denial of compassionate release under section 1170(e) was appealable.

11
Maryland v. Craiggreen
scotus · 1990 · cited in 1 California opinions naming this issue, 2007–2007
2 sentences

2007(See, e.g., In re Clifton V. (2001) 93 Cal.App.4th 1400 , 1404-1405 [ 114 Cal.Rptr.2d 1 ] [recognizing due process right to live testimony in a contested civil proceeding if there is an issue of credibility]; see also Maryland v. Craig (1990) 497 U.S. 836, 845 [ 111 L.Ed.2d 666 , 110 S.Ct. 3157 ] [recognizing that live testimony compels a witness “ ‘to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief’ ”].) After examination of the four Otto factors, we conc

2007(See, e.g., In re Clifton V. (2001) 93 Cal.App.4th 1400 , 1404-1405 [ 114 Cal.Rptr.2d 1 ] [recognizing due process right to live testimony in a contested civil proceeding if there is an issue of credibility]; see also Maryland v. Craig (1990) 497 U.S. 836, 845 [ 111 L.Ed.2d 666 , 110 S.Ct. 3157 ] [recognizing that live testimony compels a witness “ ‘to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief’ ”].) After examination of the four Otto factors, we conc

11
People v. Williamsgreen
cal · 2001 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006Pursuant to Code of Civil Procedure section 630, “[t]he court may direct the jury in a civil case to enter a particular verdict.” (People v. Williams (2001) 25 Cal.4th 441, 451, fn. 6 [ 106 Cal.Rptr.2d 295 , 21 P.3d 1209 ].) “ ‘ “A directed verdict may be granted, when, disregarding conflicting evidence, and indulging every legitimate inference which may be drawn from the evidence in favor of the party against whom the verdict is directed, it can be said that there is no evidence of sufficient substantiality to support the verdict in favor of such party.” ’ [Citation.] ‘The order of the court

2006Pursuant to Code of Civil Procedure section 630, “[t]he court may direct the jury in a civil case to enter a particular verdict.” (People v. Williams (2001) 25 Cal.4th 441, 451, fn. 6 [ 106 Cal.Rptr.2d 295 , 21 P.3d 1209 ].) “ ‘ “A directed verdict may be granted, when, disregarding conflicting evidence, and indulging every legitimate inference which may be drawn from the evidence in favor of the party against whom the verdict is directed, it can be said that there is no evidence of sufficient substantiality to support the verdict in favor of such party.” ’ [Citation.] ‘The order of the court

11
Los Angeles Police Protective League v. City of Los Angelesgreen
calctapp · 1986 · cited in 1 California opinions naming this issue, 2003–2003
2 sentences

2003(Los Angeles Police Protective League v. City of Los Angeles (1986) 188 Cal.App.3d 1, 17 [ 232 Cal.Rptr. 697 ].) Disposition The order denying Otto’s motion for section 1021.5 attorney’s fees is reversed and the cause is remanded for further proceedings consistent with the views expressed herein.

2003(Los Angeles Police Protective League v. City of Los Angeles (1986) 188 Cal.App.3d 1, 17 [ 232 Cal.Rptr. 697 ].) Disposition The order denying Otto’s motion for section 1021.5 attorney’s fees is reversed and the cause is remanded for further proceedings consistent with the views expressed herein.

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 (6)

CaseCitedYears
People v. McKee green
cal · 2010
2 sentences

2022Applying the Otto factors here, first, we conclude there is no question that “the private interests that will be affected by [a civil commitment under the SVPA] are significant limitations on [the defendant’s] liberty, the stigma of being 7 In People v. McKee, supra, 47 Cal.4th at page 1192 , the California Supreme Court addressed an SVP’s due process interest in having the assistance of an expert witness in the SVP’s effort to petition the trial court under former section 6608 for his or her release from civil commitment.

2022Applying the Otto factors here, first, we conclude there is no question that “the private interests that will be affected by [a civil commitment under the SVPA] are significant limitations on [the defendant’s] liberty, the stigma of being 7 In People v. McKee, supra, 47 Cal.4th at page 1192 , the California Supreme Court addressed an SVP’s due process interest in having the assistance of an expert witness in the SVP’s effort to petition the trial court under former section 6608 for his or her release from civil commitment.

12022–2022
In Re Clifton green
calctapp · 2001
2 sentences

2007(See, e.g., In re Clifton V. (2001) 93 Cal.App.4th 1400 , 1404-1405 [ 114 Cal.Rptr.2d 1 ] [recognizing due process right to live testimony in a contested civil proceeding if there is an issue of credibility]; see also Maryland v. Craig (1990) 497 U.S. 836, 845 [ 111 L.Ed.2d 666 , 110 S.Ct. 3157 ] [recognizing that live testimony compels a witness “ ‘to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief’ ”].) After examination of the four Otto factors, we conc

2007(See, e.g., In re Clifton V. (2001) 93 Cal.App.4th 1400 , 1404-1405 [ 114 Cal.Rptr.2d 1 ] [recognizing due process right to live testimony in a contested civil proceeding if there is an issue of credibility]; see also Maryland v. Craig (1990) 497 U.S. 836, 845 [ 111 L.Ed.2d 666 , 110 S.Ct. 3157 ] [recognizing that live testimony compels a witness “ ‘to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief’ ”].) After examination of the four Otto factors, we conc

12007–2007
Caloca v. County of San Diego green
calctapp · 1999
1 sentence

2001It is enough that the summary of conference “will be considered in future personnel decisions affecting [Otto] and may lead to punitive action.” (Caloca v. County of San Diego, supra, 72 Cal.App.4th 1209, 1222 .) The evidence supports Otto’s claim and he was entitled to an administrative appeal of his summary of conference; the trial court should have granted his writ petition.

12001–2001
People v. Martinez green
cal · 1995
2 sentences

2001Otto asserts that one can violate Penal Code section 288, subdivision (a) by any touching committed with lewd intent. ( People v. Martinez (1995) 11 Cal.4th 434, 451-452 , 45 Cal.Rptr.2d 905 , 903 P.2d 1037 .) Thus, he contends, his no contest plea admits only this conduct, not the substantial sexual conduct described in the presentence report. ( People v. Watts (1977) 67 Cal.App.3d 173, 178 , 136 Cal. Rptr. 496 ["Inquiry into the factual basis for the plea ensures that the defendant actually committed a crime at least as serious as the one to which he is willing to plead"].) Our review of the

2001Otto asserts that one can violate Penal Code section 288, subdivision (a) by any touching committed with lewd intent. ( People v. Martinez (1995) 11 Cal.4th 434, 451-452 , 45 Cal.Rptr.2d 905 , 903 P.2d 1037 .) Thus, he contends, his no contest plea admits only this conduct, not the substantial sexual conduct described in the presentence report. ( People v. Watts (1977) 67 Cal.App.3d 173, 178 , 136 Cal. Rptr. 496 ["Inquiry into the factual basis for the plea ensures that the defendant actually committed a crime at least as serious as the one to which he is willing to plead"].) Our review of the

12001–2001
City of Los Angeles v. Aalbers green
calctapp · 1977
1 sentence

2001Otto asserts that one can violate Penal Code section 288, subdivision (a) by any touching committed with lewd intent. ( People v. Martinez (1995) 11 Cal.4th 434, 451-452 , 45 Cal.Rptr.2d 905 , 903 P.2d 1037 .) Thus, he contends, his no contest plea admits only this conduct, not the substantial sexual conduct described in the presentence report. ( People v. Watts (1977) 67 Cal.App.3d 173, 178 , 136 Cal. Rptr. 496 ["Inquiry into the factual basis for the plea ensures that the defendant actually committed a crime at least as serious as the one to which he is willing to plead"].) Our review of the

12001–2001
People v. Watts green
calctapp · 1977
1 sentence

2001Otto asserts that one can violate Penal Code section 288, subdivision (a) by any touching committed with lewd intent. ( People v. Martinez (1995) 11 Cal.4th 434, 451-452 , 45 Cal.Rptr.2d 905 , 903 P.2d 1037 .) Thus, he contends, his no contest plea admits only this conduct, not the substantial sexual conduct described in the presentence report. ( People v. Watts (1977) 67 Cal.App.3d 173, 178 , 136 Cal. Rptr. 496 ["Inquiry into the factual basis for the plea ensures that the defendant actually committed a crime at least as serious as the one to which he is willing to plead"].) Our review of the

12001–2001

Where else courts name it

CA 7 (2001–2022) NY 5 (1979–2020) MT 3 (2012–2024) MI 2 (1967–2023)

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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