assessing claim (California) · Go Syfert
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assessing claim in California

6 California opinions name it 1 courts 1983–2025 5 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
Roper v. Simmonsgreen
scotus · 2005 · cited in 2 California opinions naming this issue, 2022–2022
2 sentences

2022(Roper v. Simmons, supra, 543 U.S. at p. 574 [age 18 is the appropriate cutoff for death penalty sentence eligibility].) California courts have similarly held that a mandatory LWOP sentence imposed on offenders 18 years of age and older does not violate article I, section 17 of the California Constitution.

2022(Roper v. Simmons, supra, 543 U.S. at p. 574 [age 18 is the appropriate cutoff for death penalty sentence eligibility].) California courts have similarly held that a mandatory LWOP sentence imposed on offenders 18 years of age and older does not violate article I, section 17 of the California Constitution.

22
Oakland Raiders v. National Football Leaguegreen
cal · 2007 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025Proc., § 657, subd. (1); see Oakland Raiders v. National Football League (2007) 41 Cal.4th 624, 633 .) A trial court assessing a claim of juror misconduct just as real . . . whether [plaintiff] learned of the actions immediately (by, say, walking in on a viewing), days later, or decades later”].) Likewise, the City’s reliance on cases involving claims based on harassing conduct outside the plaintiff’s presence and directed at third parties is misplaced.

11
Lyle v. Warner Brothers Television Productionsgreen
cal · 2006 · cited in 1 California opinions naming this issue, 2025–2025
2 sentences

2025(See, e.g., Lyle, supra, 38 Cal.4th at p. 289 [plaintiff barred from relying on offensive comments she was unaware of about other women to support her own claim for sexual harassment].) 25 must follow a three-step process: (1) determine whether the affidavits in support of the motion are admissible; (2) if admissible, determine whether the facts establish misconduct; and (3) assuming misconduct, determine whether the misconduct was prejudicial.

2025(See, e.g., Lyle, supra, 38 Cal.4th at p. 289 [plaintiff barred from relying on offensive comments she was unaware of about other women to support her own claim for sexual harassment].) 25 must follow a three-step process: (1) determine whether the affidavits in support of the motion are admissible; (2) if admissible, determine whether the facts establish misconduct; and (3) assuming misconduct, determine whether the misconduct was prejudicial.

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024(Strickland v. Washington (1984) 466 U.S. 668, 687 (Strickland).) The standard for assessing defense counsel’s performance is “highly deferential.” (Id. at 4 For example, a law enforcement witness testified that during an interview about the fire and B.D.’s death, Dingman and Alicia appeared to be “work[ing] through” what they were going to say, and that Dingman had referred to B.D. as “that fucking kid” and had “chuckled” when discussing with the detective “how hot the fire was burning inside the crib.” Additionally, neighbors testified that Dingman would get frustrated with B.D. and that the

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 (7)

CaseCitedYears
People v. Cunningham green
cal · 2001
2 sentences

2024Article I, section 17 of the California Constitution provides: “Cruel or unusual punishment may not be inflicted or excessive fines imposed.” A court assessing a claim of cruel or unusual punishment must “decide whether the penalty given ‘is so disproportionate to the crime for which it is inflicted that it shocks the conscience and offends fundamental notions of human dignity,’ thereby violating the prohibition . . . against cruel or unusual punishment of article I, section 17 of the California Constitution.” (People v. Cunningham (2001) 25 Cal.4th 926, 1042 ; In re Lynch (1972) 8 Cal.3d 410,

2022A court assessing a claim of cruel and unusual punishment must “decide whether the penalty given ‘is so disproportionate to the crime for which it is inflicted that it shocks the conscience 86 and offends fundamental notions of human dignity,’ thereby violating the prohibition against cruel and unusual punishment of the Eighth Amendment of the federal Constitution or against cruel or unusual punishment of article I, section 17 of the California Constitution.” (People v. Cunningham (2001) 25 Cal.4th 926, 1042 .) A defendant “‘“attacking his sentence as cruel or unusual must demonstrate his puni

32022–2024
People v. West green
calctapp · 1999
1 sentence

2024Article I, section 17 of the California Constitution provides: “Cruel or unusual punishment may not be inflicted or excessive fines imposed.” A court assessing a claim of cruel or unusual punishment must “decide whether the penalty given ‘is so disproportionate to the crime for which it is inflicted that it shocks the conscience and offends fundamental notions of human dignity,’ thereby violating the prohibition . . . against cruel or unusual punishment of article I, section 17 of the California Constitution.” (People v. Cunningham (2001) 25 Cal.4th 926, 1042 ; In re Lynch (1972) 8 Cal.3d 410,

12024–2024
People v. Cartwright green
calctapp · 1995
1 sentence

2024(Lynch, at pp. 425–429.) “First, [it] examined the nature of the offense and the offender. [Citation.] Second, [it] compared the punishment with the penalty for more serious crimes in the same jurisdiction. [Citation.] Third, [it] compared the punishment to the penalty for the same offense in different jurisdictions. [Citation.]” (People v. Cartwright (1995) 39 Cal.App.4th 1123, 1136 .) “ ‘ “Whether a punishment is cruel or unusual is a question of law for the appellate court, but the underlying disputed facts must be viewed in the light most favorable to the judgment. [Citations.]” [Citation.

12024–2024
People v. Wingo green
cal · 1975
1 sentence

2024(Lynch, at pp. 425–429.) “First, [it] examined the nature of the offense and the offender. [Citation.] Second, [it] compared the punishment with the penalty for more serious crimes in the same jurisdiction. [Citation.] Third, [it] compared the punishment to the penalty for the same offense in different jurisdictions. [Citation.]” (People v. Cartwright (1995) 39 Cal.App.4th 1123, 1136 .) “ ‘ “Whether a punishment is cruel or unusual is a question of law for the appellate court, but the underlying disputed facts must be viewed in the light most favorable to the judgment. [Citations.]” [Citation.

12024–2024
In Re Lynch red
cal · 1972
1 sentence

2024Article I, section 17 of the California Constitution provides: “Cruel or unusual punishment may not be inflicted or excessive fines imposed.” A court assessing a claim of cruel or unusual punishment must “decide whether the penalty given ‘is so disproportionate to the crime for which it is inflicted that it shocks the conscience and offends fundamental notions of human dignity,’ thereby violating the prohibition . . . against cruel or unusual punishment of article I, section 17 of the California Constitution.” (People v. Cunningham (2001) 25 Cal.4th 926, 1042 ; In re Lynch (1972) 8 Cal.3d 410,

12024–2024
People v. Abundio green
calctapp · 2013
1 sentence

2024(Lynch, at pp. 425–429.) “First, [it] examined the nature of the offense and the offender. [Citation.] Second, [it] compared the punishment with the penalty for more serious crimes in the same jurisdiction. [Citation.] Third, [it] compared the punishment to the penalty for the same offense in different jurisdictions. [Citation.]” (People v. Cartwright (1995) 39 Cal.App.4th 1123, 1136 .) “ ‘ “Whether a punishment is cruel or unusual is a question of law for the appellate court, but the underlying disputed facts must be viewed in the light most favorable to the judgment. [Citations.]” [Citation.

12024–2024
Mathews v. Workmen's Compensation Appeals Board green
cal · 1972
2 sentences

1983Appeals Bd. (1972) 6 Cal.3d 719, 738-739 , [ 100 Cal.Rptr. 301 , 493 P.2d 1165 ] as follows: “[T]he Constitution does not require uniform treatment, only a reasonable basis for legislative classification. [Citation.] It is the duty of the Legislature to determine whether the facts justify such a classification and the burden of the challenger to show that the legislative conclusion is arbitrary. [Citation.] As we said in Sacramento M.

1983Appeals Bd. (1972) 6 Cal.3d 719, 738-739 , [ 100 Cal.Rptr. 301 , 493 P.2d 1165 ] as follows: “[T]he Constitution does not require uniform treatment, only a reasonable basis for legislative classification. [Citation.] It is the duty of the Legislature to determine whether the facts justify such a classification and the burden of the challenger to show that the legislative conclusion is arbitrary. [Citation.] As we said in Sacramento M.

11983–1983

Where else courts name it

CA 6 (1983–2025) MI 3 (1981–2025) FL 3 (2002–2025) DC 2 (1991–1991) TX 2 (2009–2010) NY 2 (1999–2022) MO 2 (2010–2010)

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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