Valdivia defense (California) · Go Syfert
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Valdivia defense in California

7 California opinions name it 1 courts 1986–2025 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 (4)

CaseFollowedCited
People v. Murtishawgreen
cal · 1981 · cited in 2 California opinions naming this issue, 1986–1986
2 sentences

1986(People v. McClary, supra, at p. 230 ; see also People v. Murtishaw (1981) 29 Cal.3d 733, 756 [ 175 Cal.Rptr. 738 , 631 P.2d 446 ].) The statement was fully consistent with Valdivia’s defense; it did not prejudice him. 6 Accordingly, I concur in the judgment affirming the conviction.

1986(People v. McClary, supra, at p. 230 ; see also People v. Murtishaw (1981) 29 Cal.3d 733, 756 [ 175 Cal.Rptr. 738 , 631 P.2d 446 ].) The statement was fully consistent with Valdivia’s defense; it did not prejudice him. 6 Accordingly, I concur in the judgment affirming the conviction.

22
People v. Bellred
cal · 2007 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015(People v. Bell (2007) 40 Cal.4th 582, 599 [acknowledging Asian Americans as cognizable group].) Other than pointing out that prospective jurors 70 and 89 were among six non- white prospective jurors against whom the prosecution exercised peremptory challenges, Valdivia made no showing that the peremptory challenges were motivated by bias against a particular group.

11
People v. McClarygreen
cal · 1977 · cited in 1 California opinions naming this issue, 1986–1986
2 sentences

1986Valdivia's statement was an admission, not a confession. ( People v. Diaz, supra, 140 Cal. App.3d 813, 817, fn. 1 ; see also People v. McClary (1977) 20 Cal.3d 218, 230 [ 142 Cal. Rptr. 163 , 571 P.2d 620 ].) Its improper admission into evidence is not reversible error if the People can show beyond a reasonable doubt the error did not contribute to the verdict. ( People v. McClary, supra, at p. 230 ; see also People v. Murtishaw (1981) 29 Cal.3d 733, 756 [ 175 Cal. Rptr. 738 , 631 P.2d 446 ].) The statement was fully consistent with Valdivia's defense; it did not prejudice him. [6] Accordingly

1986Valdivia's statement was an admission, not a confession. ( People v. Diaz, supra, 140 Cal. App.3d 813, 817, fn. 1 ; see also People v. McClary (1977) 20 Cal.3d 218, 230 [ 142 Cal. Rptr. 163 , 571 P.2d 620 ].) Its improper admission into evidence is not reversible error if the People can show beyond a reasonable doubt the error did not contribute to the verdict. ( People v. McClary, supra, at p. 230 ; see also People v. Murtishaw (1981) 29 Cal.3d 733, 756 [ 175 Cal. Rptr. 738 , 631 P.2d 446 ].) The statement was fully consistent with Valdivia's defense; it did not prejudice him. [6] Accordingly

11
People v. Diazgreen
calctapp · 1983 · cited in 1 California opinions naming this issue, 1986–1986
1 sentence

1986Valdivia's statement was an admission, not a confession. ( People v. Diaz, supra, 140 Cal. App.3d 813, 817, fn. 1 ; see also People v. McClary (1977) 20 Cal.3d 218, 230 [ 142 Cal. Rptr. 163 , 571 P.2d 620 ].) Its improper admission into evidence is not reversible error if the People can show beyond a reasonable doubt the error did not contribute to the verdict. ( People v. McClary, supra, at p. 230 ; see also People v. Murtishaw (1981) 29 Cal.3d 733, 756 [ 175 Cal. Rptr. 738 , 631 P.2d 446 ].) The statement was fully consistent with Valdivia's defense; it did not prejudice him. [6] Accordingly

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
In Re Marquez green
cal · 1992
2 sentences

2025“When there has been no showing of prejudice, we need not determine whether trial counsel’s performance was deficient.” (In re Marquez (1992) 1 Cal.4th 584, 602 .) DISPOSITION We affirm the order dated June 9, 2023, denying Valdivia’s motion for relief under section 1473.7.

2025“When there has been no showing of prejudice, we need not determine whether trial counsel’s performance was deficient.” (In re Marquez (1992) 1 Cal.4th 584, 602 .) DISPOSITION We affirm the order dated June 9, 2023, denying Valdivia’s motion for relief under section 1473.7.

22025–2025
In Re Tahl green
cal · 1969
2 sentences

2025Bestard informed Valdivia that he “would” be subject to removal and exclusion as a result of his plea, and the 4 In re Tahl (1969) 1 Cal.3d 122, 132 . 6 commissioner presiding over the hearing also informed Valdivia he “would” face deportation and exclusion.

2025Bestard informed Valdivia that he “would” be subject to removal and exclusion as a result of his plea, and the 4 In re Tahl (1969) 1 Cal.3d 122, 132 . 6 commissioner presiding over the hearing also informed Valdivia he “would” face deportation and exclusion.

22025–2025
People v. Munoz green
calctapp · 2007
1 sentence

2023(People v. Munoz (2007) 155 Cal.App.4th 160 , 166–167, citing People v. Harvey (1979) 25 Cal.3d 754 .) 2 probation for four years.

12023–2023
People v. Harvey green
cal · 1979
1 sentence

2023(People v. Munoz (2007) 155 Cal.App.4th 160 , 166–167, citing People v. Harvey (1979) 25 Cal.3d 754 .) 2 probation for four years.

12023–2023
Hersant v. Department of Social Services green
calctapp · 1997
1 sentence

2015(See, e.g., Hersant v. Department of Social Services (1997) 57 Cal.App.4th 997 , 1004- 1005 [employee opposing summary judgment must offer substantial evidence to support a finding in his favor].) As for Valdivia’s claim that she was defamed by various other statements by coworkers referring to her as being “crazy,” that issue is not properly before this court.

12015–2015

Where else courts name it

CA 7 (1986–2025) PA 2 (2016–2016)

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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