Shirley rule (California) · Go Syfert
← California issues

Shirley rule in California

7 California opinions name it 2 courts 1983–1999 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 (8)

CaseFollowedCited
People v. Rhoadsgreen
calctapp · 1990 · cited in 2 California opinions naming this issue, 1999–1999
2 sentences

1999The effect of the admission is the same as the plea of guilty for the purposes of collateral use to enhance subsequent, new crimes. [¶] Convicted by his plea of guilty and his admission, defendant may not now be exonerated by sentencing considerations in subsequent proceedings. ’ ” (People v. Milosavljevic, supra, 56 Cal.App.4th at p. 816 , quoting People v. Shirley, supra, 18 Cal.App.4th at p. 46 , quoting People v. Rhoads (1990) 221 Cal.App.3d 56, 60-61 [ 270 Cal.Rptr. 266 ].) We concluded: “We agree with the Shirley analysis.

1999The effect of the admission is the same as the plea of guilty for the purposes of collateral use to enhance subsequent, new crimes. [¶] Convicted by his plea of guilty and his admission, defendant may not now be exonerated by sentencing considerations in subsequent proceedings. ’ ” (People v. Milosavljevic, supra, 56 Cal.App.4th at p. 816 , quoting People v. Shirley, supra, 18 Cal.App.4th at p. 46 , quoting People v. Rhoads (1990) 221 Cal.App.3d 56, 60-61 [ 270 Cal.Rptr. 266 ].) We concluded: “We agree with the Shirley analysis.

12
People v. Watsongreen
cal · 1956 · cited in 2 California opinions naming this issue, 1983–1990
2 sentences

1983We are satisfied that based on the facts of this case it is not reasonably probable that a result more favorable to defendant would have occurred if Garcia’s testimony which under the Shirley rule was tainted by pretrial hypnosis had not been admitted. 9People v. Shirley, supra, 31 Cal.3d 18, 69-70 ; People v. Watson, supra, 46 Cal.2d 818, 836 .) 2.

1983We are satisfied that based on the facts of this case it is not reasonably probable that a result more favorable to defendant would have occurred if Garcia’s testimony which under the Shirley rule was tainted by pretrial hypnosis had not been admitted. 9People v. Shirley, supra, 31 Cal.3d 18, 69-70 ; People v. Watson, supra, 46 Cal.2d 818, 836 .) 2.

12
People v. Kellyyellow
cal · 1976 · cited in 2 California opinions naming this issue, 1985–1990
2 sentences

1990The reason for the Shirley rule is that the use of hypnosis to improve the memory of a potential witness is not accepted as reliable by a consensus of the relevant scientific community, and hence the witness’s posthypnotic testimony is inadmissible under the test of People v. Kelly (1976) 17 Cal.3d 24 [ 130 Cal.Rptr. 144 , 549 P.2d 1240 ], and Frye v. United States (D.C.

1990The reason for the Shirley rule is that the use of hypnosis to improve the memory of a potential witness is not accepted as reliable by a consensus of the relevant scientific community, and hence the witness’s posthypnotic testimony is inadmissible under the test of People v. Kelly (1976) 17 Cal.3d 24 [ 130 Cal.Rptr. 144 , 549 P.2d 1240 ], and Frye v. United States (D.C.

12
Chapman v. Californiayellow
scotus · 1967 · cited in 1 California opinions naming this issue, 1985–1985
2 sentences

1985NOTES [1] All statutory references are to the Penal Code unless otherwise indicated. [2] Shirley expressly held that the Watson standard of prejudice would apply to erroneous admission of testimony by a previously hypnotized witness. ( 31 Cal.3d at p. 68 , citing People v. Kelly (1976) 17 Cal.3d 24, 40 [ 130 Cal. Rptr. 144 , 549 P.2d 1240 ] [ Watson standard applies to admission of scientifically unreliable evidence].) Defendant argues that Shirley error should be evaluated under the more stringent reasonable-doubt standard of Chapman v. California (1967) 386 U.S. 18, 24 [ 17 L.Ed.2d 705, 710

1985NOTES [1] All statutory references are to the Penal Code unless otherwise indicated. [2] Shirley expressly held that the Watson standard of prejudice would apply to erroneous admission of testimony by a previously hypnotized witness. ( 31 Cal.3d at p. 68 , citing People v. Kelly (1976) 17 Cal.3d 24, 40 [ 130 Cal. Rptr. 144 , 549 P.2d 1240 ] [ Watson standard applies to admission of scientifically unreliable evidence].) Defendant argues that Shirley error should be evaluated under the more stringent reasonable-doubt standard of Chapman v. California (1967) 386 U.S. 18, 24 [ 17 L.Ed.2d 705, 710

11
Donaldson v. Superior Courtgreen
cal · 1983 · cited in 1 California opinions naming this issue, 1984–1984
2 sentences

1984Thus, our retroactivity decision should not be made until we have carefully assessed, among other things, “the effect on the administration of justice of a retroactive application of the new standards.” (Stovall v. Denno (1967) 388 U.S. 293, 297 [ 18 L.Ed.2d 1199, 1203 , 87 S.Ct. 1967 ]; accord Donaldson v. Superior Court (1983) 35 Cal.3d 24, 38 [ 196 Cal.Rptr. 704 , 672 P.2d 110 ].) If, as Justice Gardner, the Attorney General and amicus district attorneys association each suggest, making Shirley retroactive to pending cases will have a “devastating” effect on the administration of justice, t

1984Thus, our retroactivity decision should not be made until we have carefully assessed, among other things, “the effect on the administration of justice of a retroactive application of the new standards.” (Stovall v. Denno (1967) 388 U.S. 293, 297 [ 18 L.Ed.2d 1199, 1203 , 87 S.Ct. 1967 ]; accord Donaldson v. Superior Court (1983) 35 Cal.3d 24, 38 [ 196 Cal.Rptr. 704 , 672 P.2d 110 ].) If, as Justice Gardner, the Attorney General and amicus district attorneys association each suggest, making Shirley retroactive to pending cases will have a “devastating” effect on the administration of justice, t

11
Williams v. United Statesgreen
scotus · 1971 · cited in 1 California opinions naming this issue, 1984–1984
2 sentences

1984“Neither good-faith reliance” on prior law or accepted practice “nor severe impact on the administration of justice has sufficed to require prospective application in these circumstances.” (Williams v. United States (1971) supra, 401 U.S. 646, 653 [ 28 L.Ed.2d 388, 395 ].) In a fruitless effort to distinguish the retroactivity precedents, respondent contends that hypnosis is different because its effects on the witness can assertedly be identified at trial and be counteracted by cross-examination.

1984“Neither good-faith reliance” on prior law or accepted practice “nor severe impact on the administration of justice has sufficed to require prospective application in these circumstances.” (Williams v. United States (1971) supra, 401 U.S. 646, 653 [ 28 L.Ed.2d 388, 395 ].) In a fruitless effort to distinguish the retroactivity precedents, respondent contends that hypnosis is different because its effects on the witness can assertedly be identified at trial and be counteracted by cross-examination.

11
People v. Palmergreen
calctapp · 1978 · cited in 1 California opinions naming this issue, 1984–1984
2 sentences

1984(See, e.g., People v. Palmer (1978) 80 Cal.App.3d 239, 250-255 [ 145 Cal.Rptr. 466 , 1 A.L.R.4th 1056 ] (analysis of gunshot residue particles by studying their chemical characteristics with a scanning electron microscope equipped for X-ray spectrometry).) Rather, it is often—as in Shirley and the case at bar—emotionally charged and highly personal testimony by the actual victim of or eyewitness to the crime being prosecuted, directly identifying the defendant as the perpetrator or furnishing some crucial piece of evidence against him.

1984(See, e.g., People v. Palmer (1978) 80 Cal.App.3d 239, 250-255 [ 145 Cal.Rptr. 466 , 1 A.L.R.4th 1056 ] (analysis of gunshot residue particles by studying their chemical characteristics with a scanning electron microscope equipped for X-ray spectrometry).) Rather, it is often—as in Shirley and the case at bar—emotionally charged and highly personal testimony by the actual victim of or eyewitness to the crime being prosecuted, directly identifying the defendant as the perpetrator or furnishing some crucial piece of evidence against him.

11
Stovall v. Dennogreen
scotus · 1967 · cited in 1 California opinions naming this issue, 1984–1984
2 sentences

1984Thus, our retroactivity decision should not be made until we have carefully assessed, among other things, “the effect on the administration of justice of a retroactive application of the new standards.” (Stovall v. Denno (1967) 388 U.S. 293, 297 [ 18 L.Ed.2d 1199, 1203 , 87 S.Ct. 1967 ]; accord Donaldson v. Superior Court (1983) 35 Cal.3d 24, 38 [ 196 Cal.Rptr. 704 , 672 P.2d 110 ].) If, as Justice Gardner, the Attorney General and amicus district attorneys association each suggest, making Shirley retroactive to pending cases will have a “devastating” effect on the administration of justice, t

1984Thus, our retroactivity decision should not be made until we have carefully assessed, among other things, “the effect on the administration of justice of a retroactive application of the new standards.” (Stovall v. Denno (1967) 388 U.S. 293, 297 [ 18 L.Ed.2d 1199, 1203 , 87 S.Ct. 1967 ]; accord Donaldson v. Superior Court (1983) 35 Cal.3d 24, 38 [ 196 Cal.Rptr. 704 , 672 P.2d 110 ].) If, as Justice Gardner, the Attorney General and amicus district attorneys association each suggest, making Shirley retroactive to pending cases will have a “devastating” effect on the administration of justice, t

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 (13)

CaseCitedYears
People v. Shirley red
cal · 1982
2 sentences

1990Respecting the Shirley error, we therefore find it is not reasonably probable that a result more favorable to defendant would have occurred had Aguirre’s presumptively tainted testimony been excluded. ( Shirley, supra, 31 Cal.3d at p. 70 .) 2.

1990Respecting the Shirley error, we therefore find it is not reasonably probable that a result more favorable to defendant would have occurred had Aguirre’s presumptively tainted testimony been excluded. ( Shirley, supra, 31 Cal.3d at p. 70 .) 2.

31983–1990
People v. Milosavljevic green
calctapp · 1997
2 sentences

1999The effect of the admission is the same as the plea of guilty for the purposes of collateral use to enhance subsequent, new crimes. [¶] Convicted by his plea of guilty and his admission, defendant may not now be exonerated by sentencing considerations in subsequent proceedings. ’ ” (People v. Milosavljevic, supra, 56 Cal.App.4th at p. 816 , quoting People v. Shirley, supra, 18 Cal.App.4th at p. 46 , quoting People v. Rhoads (1990) 221 Cal.App.3d 56, 60-61 [ 270 Cal.Rptr. 266 ].) We concluded: “We agree with the Shirley analysis.

1999The effect of the admission is the same as the plea of guilty for the purposes of collateral use to enhance subsequent, new crimes. [¶] Convicted by his plea of guilty and his admission, defendant may not now be exonerated by sentencing considerations in subsequent proceedings. ’ ” (People v. Milosavljevic, supra, 56 Cal.App.4th at p. 816 , quoting People v. Shirley, supra, 18 Cal.App.4th at p. 46 , quoting People v. Rhoads (1990) 221 Cal.App.3d 56, 60-61 [ 270 Cal.Rptr. 266 ].) We concluded: “We agree with the Shirley analysis.

21999–1999
People v. Shirley green
calctapp · 1993
2 sentences

1999The effect of the admission is the same as the plea of guilty for the purposes of collateral use to enhance subsequent, new crimes. [¶] Convicted by his plea of guilty and his admission, defendant may not now be exonerated by sentencing considerations in subsequent proceedings. ’ ” (People v. Milosavljevic, supra, 56 Cal.App.4th at p. 816 , quoting People v. Shirley, supra, 18 Cal.App.4th at p. 46 , quoting People v. Rhoads (1990) 221 Cal.App.3d 56, 60-61 [ 270 Cal.Rptr. 266 ].) We concluded: “We agree with the Shirley analysis.

1999The effect of the admission is the same as the plea of guilty for the purposes of collateral use to enhance subsequent, new crimes. [¶] Convicted by his plea of guilty and his admission, defendant may not now be exonerated by sentencing considerations in subsequent proceedings. ’ ” (People v. Milosavljevic, supra, 56 Cal.App.4th at p. 816 , quoting People v. Shirley, supra, 18 Cal.App.4th at p. 46 , quoting People v. Rhoads (1990) 221 Cal.App.3d 56, 60-61 [ 270 Cal.Rptr. 266 ].) We concluded: “We agree with the Shirley analysis.

21999–1999
People v. Guerra red
cal · 1984
2 sentences

1990Bill No. 2669 (1983-1984 Reg. Sess.) as amended June 20, 1984.) The bill’s aim was to bring California in line with those jurisdictions from whose cases Justice Kaus fashioned his pre-Shirley exception in Guerra [.People v. Guerra (1984) 37 Cal.3d 385 ( 208 Cal.Rptr. 162 , 690 P.2d 635 )].” 3 (People v. Burroughs, supra, 188 Cal.App.3d 1162, 1168-1169 .) In the present case, as related above, appellant did testify in his own behalf.

1990Bill No. 2669 (1983-1984 Reg. Sess.) as amended June 20, 1984.) The bill’s aim was to bring California in line with those jurisdictions from whose cases Justice Kaus fashioned his pre-Shirley exception in Guerra [.People v. Guerra (1984) 37 Cal.3d 385 ( 208 Cal.Rptr. 162 , 690 P.2d 635 )].” 3 (People v. Burroughs, supra, 188 Cal.App.3d 1162, 1168-1169 .) In the present case, as related above, appellant did testify in his own behalf.

21985–1990
Frye v. United States red
cadc · 1923
2 sentences

1990Cir. 1923) 293 Fed. 1013 [ 54 App.D.C. 46 , 34 A.L.R. 145 ].

1990Cir. 1923) 293 Fed. 1013 [ 54 App.D.C. 46 , 34 A.L.R. 145 ].

11990–1990
People v. Burroughs green
calctapp · 1987
1 sentence

1990Bill No. 2669 (1983-1984 Reg. Sess.) as amended June 20, 1984.) The bill’s aim was to bring California in line with those jurisdictions from whose cases Justice Kaus fashioned his pre-Shirley exception in Guerra [.People v. Guerra (1984) 37 Cal.3d 385 ( 208 Cal.Rptr. 162 , 690 P.2d 635 )].” 3 (People v. Burroughs, supra, 188 Cal.App.3d 1162, 1168-1169 .) In the present case, as related above, appellant did testify in his own behalf.

11990–1990
State v. MacK green
minn · 1980
1 sentence

1985Collins v. Superior Court, etc. (1982) 132 Ariz. 180 [ 644 P.2d 1266, 1273-1275 ]; State v. Mena (1981) 128 Ariz. 226 [ 624 P.2d 1274, 1280 ]; State v. Mack (Minn. 1980) 292 N.W.2d 764, 769 .) At least one court has explicitly applied the reasonable-doubt standard of prejudice, apparently on the ground of constitutional error. ( People v. Nixon (1983) 125 Mich. App. 807 [ 337 N.W.2d 33, 34-35 ].) Extended discussion of the issue is unnecessary, since we are persuaded, for reasons explained in the text, that any Shirley error here was harmless even under the Chapman test. [3] Prior to the crimi

11985–1985
People v. Williams red
calctapp · 1982
2 sentences

1985Contrary authorities cited by the People, in particular People v. Williams (1982) 132 Cal. App.3d 920 [ 183 Cal. Rptr. 498 ], were expressly disapproved. (37 Cal.3d at p. 413, and fn. 24.) (6b) However, any error in admitting Johnston's testimony here was clearly harmless.

1985Contrary authorities cited by the People, in particular People v. Williams (1982) 132 Cal. App.3d 920 [ 183 Cal. Rptr. 498 ], were expressly disapproved. (37 Cal.3d at p. 413, and fn. 24.) (6b) However, any error in admitting Johnston's testimony here was clearly harmless.

11985–1985
People v. Nixon green
michctapp · 1983
2 sentences

1985Collins v. Superior Court, etc. (1982) 132 Ariz. 180 [ 644 P.2d 1266, 1273-1275 ]; State v. Mena (1981) 128 Ariz. 226 [ 624 P.2d 1274, 1280 ]; State v. Mack (Minn. 1980) 292 N.W.2d 764, 769 .) At least one court has explicitly applied the reasonable-doubt standard of prejudice, apparently on the ground of constitutional error. ( People v. Nixon (1983) 125 Mich. App. 807 [ 337 N.W.2d 33, 34-35 ].) Extended discussion of the issue is unnecessary, since we are persuaded, for reasons explained in the text, that any Shirley error here was harmless even under the Chapman test. [3] Prior to the crimi

1985Collins v. Superior Court, etc. (1982) 132 Ariz. 180 [ 644 P.2d 1266, 1273-1275 ]; State v. Mena (1981) 128 Ariz. 226 [ 624 P.2d 1274, 1280 ]; State v. Mack (Minn. 1980) 292 N.W.2d 764, 769 .) At least one court has explicitly applied the reasonable-doubt standard of prejudice, apparently on the ground of constitutional error. ( People v. Nixon (1983) 125 Mich. App. 807 [ 337 N.W.2d 33, 34-35 ].) Extended discussion of the issue is unnecessary, since we are persuaded, for reasons explained in the text, that any Shirley error here was harmless even under the Chapman test. [3] Prior to the crimi

11985–1985
State v. Mena green
ariz · 1981
2 sentences

1985Collins v. Superior Court, etc. (1982) 132 Ariz. 180 [ 644 P.2d 1266, 1273-1275 ]; State v. Mena (1981) 128 Ariz. 226 [ 624 P.2d 1274, 1280 ]; State v. Mack (Minn. 1980) 292 N.W.2d 764, 769 .) At least one court has explicitly applied the reasonable-doubt standard of prejudice, apparently on the ground of constitutional error. ( People v. Nixon (1983) 125 Mich. App. 807 [ 337 N.W.2d 33, 34-35 ].) Extended discussion of the issue is unnecessary, since we are persuaded, for reasons explained in the text, that any Shirley error here was harmless even under the Chapman test. [3] Prior to the crimi

1985Collins v. Superior Court, etc. (1982) 132 Ariz. 180 [ 644 P.2d 1266, 1273-1275 ]; State v. Mena (1981) 128 Ariz. 226 [ 624 P.2d 1274, 1280 ]; State v. Mack (Minn. 1980) 292 N.W.2d 764, 769 .) At least one court has explicitly applied the reasonable-doubt standard of prejudice, apparently on the ground of constitutional error. ( People v. Nixon (1983) 125 Mich. App. 807 [ 337 N.W.2d 33, 34-35 ].) Extended discussion of the issue is unnecessary, since we are persuaded, for reasons explained in the text, that any Shirley error here was harmless even under the Chapman test. [3] Prior to the crimi

11985–1985
State Ex Rel. Collins v. SUPERIOR COURT, ETC. green
ariz · 1982
2 sentences

1985Collins v. Superior Court, etc. (1982) 132 Ariz. 180 [ 644 P.2d 1266, 1273-1275 ]; State v. Mena (1981) 128 Ariz. 226 [ 624 P.2d 1274, 1280 ]; State v. Mack (Minn. 1980) 292 N.W.2d 764, 769 .) At least one court has explicitly applied the reasonable-doubt standard of prejudice, apparently on the ground of constitutional error. ( People v. Nixon (1983) 125 Mich. App. 807 [ 337 N.W.2d 33, 34-35 ].) Extended discussion of the issue is unnecessary, since we are persuaded, for reasons explained in the text, that any Shirley error here was harmless even under the Chapman test. [3] Prior to the crimi

1985Collins v. Superior Court, etc. (1982) 132 Ariz. 180 [ 644 P.2d 1266, 1273-1275 ]; State v. Mena (1981) 128 Ariz. 226 [ 624 P.2d 1274, 1280 ]; State v. Mack (Minn. 1980) 292 N.W.2d 764, 769 .) At least one court has explicitly applied the reasonable-doubt standard of prejudice, apparently on the ground of constitutional error. ( People v. Nixon (1983) 125 Mich. App. 807 [ 337 N.W.2d 33, 34-35 ].) Extended discussion of the issue is unnecessary, since we are persuaded, for reasons explained in the text, that any Shirley error here was harmless even under the Chapman test. [3] Prior to the crimi

11985–1985
People v. Gonzales green
mich · 1982
2 sentences

1984We agree with the Michigan Supreme Court that the admissibility of prehypnotic evidence is a question that should be "reserved until raised on an adequate record in an appropriate case." ( People v. Gonzales (Mich. 1983) supra, 336 N.W.2d 751 (mod. of 329 N.W.2d 743 ).) V. (13) We therefore apply the Shirley rule to the facts of this case.

1984We agree with the Michigan Supreme Court that the admissibility of prehypnotic evidence is a question that should be "reserved until raised on an adequate record in an appropriate case." ( People v. Gonzales (Mich. 1983) supra, 336 N.W.2d 751 (mod. of 329 N.W.2d 743 ).) V. (13) We therefore apply the Shirley rule to the facts of this case.

11984–1984
People v. Gainer red
cal · 1977
2 sentences

1984As with the rule we adopted in Gainer ( 19 Cal.3d at p. 853 ), we do not reach the question whether the Shirley rule applies on collateral attack to cases now final. [25] The Collins opinion impliedly acknowledged that the rule it adopted was in effect partially retroactive when it observed in closing ( ibid. ) that "This Court is cognizant that its holding is not purely prospective...." The implication was made express later in the same year by the Arizona Court of Appeals, which opined that the guidelines declared in Collins "might more properly be characterized as contemplating the applicat

1984As with the rule we adopted in Gainer ( 19 Cal.3d at p. 853 ), we do not reach the question whether the Shirley rule applies on collateral attack to cases now final.

11984–1984

Statutes the citing opinions construe

CA § Cal. Penal Code § 12022 (3)

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 (1983–1999) WY 4 (2015–2021) IL 4 (1998–2021) GA 3 (2015–2016) KY 3 (1999–2022) MS 2 (2005–2011)

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