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6 California opinions name it 2 courts 1971–2026 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.
| Case | Followed | Cited |
|---|---|---|
Kyllo v. United Statesgreen1 sentence2020(See Mitchell, supra, 222 Cal.App.3d at p. 1313 , citing People v. Haugland (1981) 115 Cal.App.3d 248 [search of weapon in briefcase].) This is problematic, as “[i]t is axiomatic that the ‘physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed.’” (Welsh v. Wisconsin (1984) 466 U.S. 740, 748 ; see also Kyllo v. United States (2001) 533 U.S. 27, 31 [“With few exceptions, the question whether a warrantless search of a home is reasonable and hence constitutional must be answered no”].) We need not ultimately resolve the propriety of Weber’s searc | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Watson
green
2 sentences2026(Watson, supra, 46 Cal.2d at p. 836 .) There was no evidence that a third party committed the shooting, whereas there was substantial evidence defendant did. 2010I will never get the entire full function of my right arm back.” Shahbakhti’s testimony that he was permanently disabled and never would regain the full function of his arm was relevant to the allegation of infliction *732 of great bodily injury. (§ 12022.7.) The sole aspect of this testimony that was irrelevant at the guilt phase was the statement that “I still see a psychiatrist because of post-traumatic disorder, which is anxiety . . . .” The admission of this evidence was harmless error, however, because it is not “reasonably probable that a result more favorable to [defendant] would have | 3 | 2010–2026 |
Gilbert v. California
green
2 sentences1971The Supreme Court ordered the case remanded to the district court and stated, “We therefore think the appropriate procedure to be followed is to vacate the conviction pending a hearing to determine whether the in-court identifications had an independent source, or whether, in any event, the introduction of the evidence was harmless error, Chapman v. California, 386 U.S. 18 , and for the District Court to reinstate the conviction or order a new trial, as may be proper. [Citation.]” (Id. at p. 242 [ 18 L.Ed.2d at p. 1166 ].) The court made a similar ruling in Gilbert v. California (1967) 388 U.S 1971The Supreme Court ordered the case remanded to the district court and stated, “We therefore think the appropriate procedure to be followed is to vacate the conviction pending a hearing to determine whether the in-court identifications had an independent source, or whether, in any event, the introduction of the evidence was harmless error, Chapman v. California, 386 U.S. 18 , and for the District Court to reinstate the conviction or order a new trial, as may be proper. [Citation.]” (Id. at p. 242 [ 18 L.Ed.2d at p. 1166 ].) The court made a similar ruling in Gilbert v. California (1967) 388 U.S | 2 | 1971–1971 |
United States v. Wade
green
2 sentences1971The Supreme Court ordered the case remanded to the district court and stated, "We therefore think the appropriate procedure to be followed is to vacate the conviction pending a hearing to determine whether the in-court identifications had an independent source, or whether, in any event, the introduction of the evidence was harmless error, Chapman v. California, 386 U.S. 18 , and for the District Court to reinstate the conviction or order a new trial, as may be proper. [Citation.]" ( Id. at p. 242 [ 18 L.Ed.2d at p. 1166 ].) The court made a similar ruling in Gilbert v. California (1967) 388 U. 1971The Supreme Court ordered the case remanded to the district court and stated, “We therefore think the appropriate procedure to be followed is to vacate the conviction pending a hearing to determine whether the in-court identifications had an independent source, or whether, in any event, the introduction of the evidence was harmless error, Chapman v. California, 386 U.S. 18 , and for the District Court to reinstate the conviction or order a new trial, as may be proper. [Citation.]” (Id. at p. 242 [ 18 L.Ed.2d at p. 1166 ].) The court made a similar ruling in Gilbert v. California (1967) 388 U.S | 2 | 1971–1971 |
Chapman v. California
yellow
2 sentences1971The Supreme Court ordered the case remanded to the district court and stated, "We therefore think the appropriate procedure to be followed is to vacate the conviction pending a hearing to determine whether the in-court identifications had an independent source, or whether, in any event, the introduction of the evidence was harmless error, Chapman v. California, 386 U.S. 18 , and for the District Court to reinstate the conviction or order a new trial, as may be proper. [Citation.]" ( Id. at p. 242 [ 18 L.Ed.2d at p. 1166 ].) The court made a similar ruling in Gilbert v. California (1967) 388 U. 1971The Supreme Court ordered the case remanded to the district court and stated, “We therefore think the appropriate procedure to be followed is to vacate the conviction pending a hearing to determine whether the in-court identifications had an independent source, or whether, in any event, the introduction of the evidence was harmless error, Chapman v. California, 386 U.S. 18 , and for the District Court to reinstate the conviction or order a new trial, as may be proper. [Citation.]” (Id. at p. 242 [ 18 L.Ed.2d at p. 1166 ].) The court made a similar ruling in Gilbert v. California (1967) 388 U.S | 2 | 1971–1971 |
People v. Harris
green
1 sentence2022We review the erroneous admission of hearsay evidence under the standard stated in People v. Watson (1956) 46 Cal.2d 818, 836 , whether it is “reasonably probable that the error affected the outcome of the trial.” (People v. Harris (2005) 17 37 Cal.4th 310, 336 .) In highlighting the evidence supporting the criminal threat charge based on defendant’s text messages, the prosecutor only referred to text messages that defendant sent directly to Maria E., including the photo of guns (which the prosecutor called “the most clear, an unquestionable threat that was sent by the defendant,” as well as t | 1 | 2022–2022 |
Welsh v. Wisconsin
green
1 sentence2020(See Mitchell, supra, 222 Cal.App.3d at p. 1313 , citing People v. Haugland (1981) 115 Cal.App.3d 248 [search of weapon in briefcase].) This is problematic, as “[i]t is axiomatic that the ‘physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed.’” (Welsh v. Wisconsin (1984) 466 U.S. 740, 748 ; see also Kyllo v. United States (2001) 533 U.S. 27, 31 [“With few exceptions, the question whether a warrantless search of a home is reasonable and hence constitutional must be answered no”].) We need not ultimately resolve the propriety of Weber’s searc | 1 | 2020–2020 |
People v. Kraft
red
1 sentence2020“Admission of unlawfully seized evidence is not reversible per se, but rather is subject to harmless error analysis.” 6 (People v. Kraft (2000) 23 Cal.4th 978, 1036 .) The Penal Code proscribes, other than in self-defense, “draw[ing] or exhibit[ing]” in the presence of another person “any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or . . . in any manner, unlawfully us[ing] a firearm in any fight or quarrel.” (§ 417, subd. (a)(2).) There was no real dispute that Chen drew his shotgun in a threatening manner here. | 1 | 2020–2020 |
People v. Haugland
green
1 sentence2020(See Mitchell, supra, 222 Cal.App.3d at p. 1313 , citing People v. Haugland (1981) 115 Cal.App.3d 248 [search of weapon in briefcase].) This is problematic, as “[i]t is axiomatic that the ‘physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed.’” (Welsh v. Wisconsin (1984) 466 U.S. 740, 748 ; see also Kyllo v. United States (2001) 533 U.S. 27, 31 [“With few exceptions, the question whether a warrantless search of a home is reasonable and hence constitutional must be answered no”].) We need not ultimately resolve the propriety of Weber’s searc | 1 | 2020–2020 |
People v. Mitchell
green
1 sentence2020(See Mitchell, supra, 222 Cal.App.3d at p. 1313 , citing People v. Haugland (1981) 115 Cal.App.3d 248 [search of weapon in briefcase].) This is problematic, as “[i]t is axiomatic that the ‘physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed.’” (Welsh v. Wisconsin (1984) 466 U.S. 740, 748 ; see also Kyllo v. United States (2001) 533 U.S. 27, 31 [“With few exceptions, the question whether a warrantless search of a home is reasonable and hence constitutional must be answered no”].) We need not ultimately resolve the propriety of Weber’s searc | 1 | 2020–2020 |
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.
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.