frequently test (California) · Go Syfert
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frequently test in California

6 California opinions name it 2 courts 1952–1985 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 (12)

CaseFollowedCited
Canal-Randolph Anaheim, Inc. v. Wilkoskigreen
calctapp · 1978 · cited in 1 California opinions naming this issue, 1985–1985
2 sentences

1985The present rule does not appear to serve the need for conserving judicial resources occasioned by the law explosion." ( Canal-Randolph Anaheim, Inc. v. Wilkoski (1978) 78 Cal. App.3d 477, 488, fn. 4 [ 144 Cal. Rptr. 474 ].) The trial court evidently viewed Budaeff as having softened the frequently stated rule requiring demand for the exact amount of rent due, and the court specifically rejected defendant's argument that Budaeff did not control where the statutory remedy of unlawful detainer was utilized by the landlord.

1985The present rule does not appear to serve the need for conserving judicial resources occasioned by the law explosion.” (Canal-Randolph Anaheim, Inc. v. Wilkoski (1978) 78 Cal.App.3d 477, 488, fn. 4 [ 144 Cal.Rptr. 474 ].) The trial court evidently viewed Budaeff as having softened the frequently stated rule requiring demand for the exact amount of rent due, and the court specifically rejected defendant’s argument that Budaeff did not control where the statutory remedy of unlawful detainer was utilized by the landlord.

11
Ginzburg v. United Statesgreen
scotus · 1966 · cited in 1 California opinions naming this issue, 1971–1971
2 sentences

1971(See Kalven, The New York Times Case: A Note on the "Central Meaning of the First Amendment," 1964 Sup.Ct.Rev. 191, 221.) [8] See also Ginzburg v. United States (1966) 383 U.S. 463, 474 [ 16 L.Ed.2d 31, 40 , 86 S.Ct. 942 ] (Brennan, J.): "No weight is ascribed to the fact that petitioners have profited from the sale of publications which we have assumed ... cannot themselves be judged obscene in the abstract; to sanction consideration of this fact might induce self-censorship, and offend the frequently stated principle that commercial activity, in itself, is no justification for narrowing the

1971(See Kalven, The New York Times Case: A Note on the "Central Meaning of the First Amendment," 1964 Sup.Ct.Rev. 191, 221.) [8] See also Ginzburg v. United States (1966) 383 U.S. 463, 474 [ 16 L.Ed.2d 31, 40 , 86 S.Ct. 942 ] (Brennan, J.): "No weight is ascribed to the fact that petitioners have profited from the sale of publications which we have assumed ... cannot themselves be judged obscene in the abstract; to sanction consideration of this fact might induce self-censorship, and offend the frequently stated principle that commercial activity, in itself, is no justification for narrowing the

11
Green Trees Enterprises, Inc. v. Palm Springs Alpine Estates, Inc.green
cal · 1967 · cited in 1 California opinions naming this issue, 1967–1967
2 sentences

1967(Green Trees Enterprises, Inc. v. Palm Springs Alpine Estates, Inc., 66 Cal.2d 782, 784 [ 59 Cal.Rptr. 141 , 427 P.2d 805 ].) Contention : Mustard did not reasonably make expenditures in reliance upon Hammond's permisison to use the road.

1967(Green Trees Enterprises, Inc. v. Palm Springs Alpine Estates, Inc., 66 Cal.2d 782, 784 [ 59 Cal.Rptr. 141 , 427 P.2d 805 ].) Contention : Mustard did not reasonably make expenditures in reliance upon Hammond's permisison to use the road.

11
Blackburn v. Alabamagreen
scotus · 1960 · cited in 1 California opinions naming this issue, 1963–1963
2 sentences

1963Evidentiary use of an involuntary confession is a denial of due process of law, violating both federal and state Constitutions and requiring reversal of the conviction, even in the presence of independent corroborating evidence of guilt. {Lynumn v. Illinois, 372 U.S. 528 [ 83 S.Ct. 917 , 9 L.Ed.2d 922 ]; Culombe v. Connecticut, 367 U.S. 568, 583-584 [ 81 S.Ct. 1860 , 6 L.Ed.2d 1037, 1046-1047 ]; People v. Parham, 60 Cal.2d 378, 385 [ 33 Cal.Rptr. 497 , 384 P.2d 1001 ]; People v. Berve, 51 Cal.2d 286, 290 [ 332 P.2d 97 ].) A frequently stated test is whether the behavior of the state’s law enfo

1963Evidentiary use of an involuntary confession is a denial of due process of law, violating both federal and state Constitutions and requiring reversal of the conviction, even in the presence of independent corroborating evidence of guilt. {Lynumn v. Illinois, 372 U.S. 528 [ 83 S.Ct. 917 , 9 L.Ed.2d 922 ]; Culombe v. Connecticut, 367 U.S. 568, 583-584 [ 81 S.Ct. 1860 , 6 L.Ed.2d 1037, 1046-1047 ]; People v. Parham, 60 Cal.2d 378, 385 [ 33 Cal.Rptr. 497 , 384 P.2d 1001 ]; People v. Berve, 51 Cal.2d 286, 290 [ 332 P.2d 97 ].) A frequently stated test is whether the behavior of the state’s law enfo

11
Spano v. New Yorkgreen
scotus · 1959 · cited in 1 California opinions naming this issue, 1963–1963
2 sentences

1963It is our obligation to examine the uncontradicted facts in order to determine independently whether the confession was voluntary. {Spano v. New York, 360 U.S. 315, 316 [ 79 S.Ct. 1202 , 3 L.Ed.2d 1265, 1267 ]; People v. Trout, 54 Cal.2d 576, 583 [ 6 Cal.Rptr. 759 , 354 P.2d 231 , 80 A.L.R.2d 1418 ].) We turn to the facts: Mrs. Wilma McAfee, an elderly widow, was the manager of an apartment house in the central portion of Sacramento.

1963It is our obligation to examine the uncontradicted facts in order to determine independently whether the confession was voluntary. {Spano v. New York, 360 U.S. 315, 316 [ 79 S.Ct. 1202 , 3 L.Ed.2d 1265, 1267 ]; People v. Trout, 54 Cal.2d 576, 583 [ 6 Cal.Rptr. 759 , 354 P.2d 231 , 80 A.L.R.2d 1418 ].) We turn to the facts: Mrs. Wilma McAfee, an elderly widow, was the manager of an apartment house in the central portion of Sacramento.

11
Culombe v. Connecticutgreen
scotus · 1961 · cited in 1 California opinions naming this issue, 1963–1963
2 sentences

1963Evidentiary use of an involuntary confession is a denial of due process of law, violating both federal and state Constitutions and requiring reversal of the conviction, even in the presence of independent corroborating evidence of guilt. {Lynumn v. Illinois, 372 U.S. 528 [ 83 S.Ct. 917 , 9 L.Ed.2d 922 ]; Culombe v. Connecticut, 367 U.S. 568, 583-584 [ 81 S.Ct. 1860 , 6 L.Ed.2d 1037, 1046-1047 ]; People v. Parham, 60 Cal.2d 378, 385 [ 33 Cal.Rptr. 497 , 384 P.2d 1001 ]; People v. Berve, 51 Cal.2d 286, 290 [ 332 P.2d 97 ].) A frequently stated test is whether the behavior of the state’s law enfo

1963Evidentiary use of an involuntary confession is a denial of due process of law, violating both federal and state Constitutions and requiring reversal of the conviction, even in the presence of independent corroborating evidence of guilt. {Lynumn v. Illinois, 372 U.S. 528 [ 83 S.Ct. 917 , 9 L.Ed.2d 922 ]; Culombe v. Connecticut, 367 U.S. 568, 583-584 [ 81 S.Ct. 1860 , 6 L.Ed.2d 1037, 1046-1047 ]; People v. Parham, 60 Cal.2d 378, 385 [ 33 Cal.Rptr. 497 , 384 P.2d 1001 ]; People v. Berve, 51 Cal.2d 286, 290 [ 332 P.2d 97 ].) A frequently stated test is whether the behavior of the state’s law enfo

11
Rogers v. Richmondgreen
scotus · 1961 · cited in 1 California opinions naming this issue, 1963–1963
2 sentences

1963Evidentiary use of an involuntary confession is a denial of due process of law, violating both federal and state Constitutions and requiring reversal of the conviction, even in the presence of independent corroborating evidence of guilt. {Lynumn v. Illinois, 372 U.S. 528 [ 83 S.Ct. 917 , 9 L.Ed.2d 922 ]; Culombe v. Connecticut, 367 U.S. 568, 583-584 [ 81 S.Ct. 1860 , 6 L.Ed.2d 1037, 1046-1047 ]; People v. Parham, 60 Cal.2d 378, 385 [ 33 Cal.Rptr. 497 , 384 P.2d 1001 ]; People v. Berve, 51 Cal.2d 286, 290 [ 332 P.2d 97 ].) A frequently stated test is whether the behavior of the state’s law enfo

1963Evidentiary use of an involuntary confession is a denial of due process of law, violating both federal and state Constitutions and requiring reversal of the conviction, even in the presence of independent corroborating evidence of guilt. {Lynumn v. Illinois, 372 U.S. 528 [ 83 S.Ct. 917 , 9 L.Ed.2d 922 ]; Culombe v. Connecticut, 367 U.S. 568, 583-584 [ 81 S.Ct. 1860 , 6 L.Ed.2d 1037, 1046-1047 ]; People v. Parham, 60 Cal.2d 378, 385 [ 33 Cal.Rptr. 497 , 384 P.2d 1001 ]; People v. Berve, 51 Cal.2d 286, 290 [ 332 P.2d 97 ].) A frequently stated test is whether the behavior of the state’s law enfo

11
People v. Parhamgreen
cal · 1963 · cited in 1 California opinions naming this issue, 1963–1963
2 sentences

1963Evidentiary use of an involuntary confession is a denial of due process of law, violating both federal and state Constitutions and requiring reversal of the conviction, even in the presence of independent corroborating evidence of guilt. {Lynumn v. Illinois, 372 U.S. 528 [ 83 S.Ct. 917 , 9 L.Ed.2d 922 ]; Culombe v. Connecticut, 367 U.S. 568, 583-584 [ 81 S.Ct. 1860 , 6 L.Ed.2d 1037, 1046-1047 ]; People v. Parham, 60 Cal.2d 378, 385 [ 33 Cal.Rptr. 497 , 384 P.2d 1001 ]; People v. Berve, 51 Cal.2d 286, 290 [ 332 P.2d 97 ].) A frequently stated test is whether the behavior of the state’s law enfo

1963Evidentiary use of an involuntary confession is a denial of due process of law, violating both federal and state Constitutions and requiring reversal of the conviction, even in the presence of independent corroborating evidence of guilt. {Lynumn v. Illinois, 372 U.S. 528 [ 83 S.Ct. 917 , 9 L.Ed.2d 922 ]; Culombe v. Connecticut, 367 U.S. 568, 583-584 [ 81 S.Ct. 1860 , 6 L.Ed.2d 1037, 1046-1047 ]; People v. Parham, 60 Cal.2d 378, 385 [ 33 Cal.Rptr. 497 , 384 P.2d 1001 ]; People v. Berve, 51 Cal.2d 286, 290 [ 332 P.2d 97 ].) A frequently stated test is whether the behavior of the state’s law enfo

11
People v. Lopezgreen
cal · 1963 · cited in 1 California opinions naming this issue, 1963–1963
2 sentences

1963Evidentiary use of an involuntary confession is a denial of due process of law, violating both federal and state Constitutions and requiring reversal of the conviction, even in the presence of independent corroborating evidence of guilt. {Lynumn v. Illinois, 372 U.S. 528 [ 83 S.Ct. 917 , 9 L.Ed.2d 922 ]; Culombe v. Connecticut, 367 U.S. 568, 583-584 [ 81 S.Ct. 1860 , 6 L.Ed.2d 1037, 1046-1047 ]; People v. Parham, 60 Cal.2d 378, 385 [ 33 Cal.Rptr. 497 , 384 P.2d 1001 ]; People v. Berve, 51 Cal.2d 286, 290 [ 332 P.2d 97 ].) A frequently stated test is whether the behavior of the state’s law enfo

1963Evidentiary use of an involuntary confession is a denial of due process of law, violating both federal and state Constitutions and requiring reversal of the conviction, even in the presence of independent corroborating evidence of guilt. {Lynumn v. Illinois, 372 U.S. 528 [ 83 S.Ct. 917 , 9 L.Ed.2d 922 ]; Culombe v. Connecticut, 367 U.S. 568, 583-584 [ 81 S.Ct. 1860 , 6 L.Ed.2d 1037, 1046-1047 ]; People v. Parham, 60 Cal.2d 378, 385 [ 33 Cal.Rptr. 497 , 384 P.2d 1001 ]; People v. Berve, 51 Cal.2d 286, 290 [ 332 P.2d 97 ].) A frequently stated test is whether the behavior of the state’s law enfo

11
People v. Troutgreen
cal · 1960 · cited in 1 California opinions naming this issue, 1963–1963
2 sentences

1963It is our obligation to examine the uncontradicted facts in order to determine independently whether the confession was voluntary. {Spano v. New York, 360 U.S. 315, 316 [ 79 S.Ct. 1202 , 3 L.Ed.2d 1265, 1267 ]; People v. Trout, 54 Cal.2d 576, 583 [ 6 Cal.Rptr. 759 , 354 P.2d 231 , 80 A.L.R.2d 1418 ].) We turn to the facts: Mrs. Wilma McAfee, an elderly widow, was the manager of an apartment house in the central portion of Sacramento.

1963It is our obligation to examine the uncontradicted facts in order to determine independently whether the confession was voluntary. {Spano v. New York, 360 U.S. 315, 316 [ 79 S.Ct. 1202 , 3 L.Ed.2d 1265, 1267 ]; People v. Trout, 54 Cal.2d 576, 583 [ 6 Cal.Rptr. 759 , 354 P.2d 231 , 80 A.L.R.2d 1418 ].) We turn to the facts: Mrs. Wilma McAfee, an elderly widow, was the manager of an apartment house in the central portion of Sacramento.

11
People v. Bervegreen
cal · 1958 · cited in 1 California opinions naming this issue, 1963–1963
1 sentence

1963Evidentiary use of an involuntary confession is a denial of due process of law, violating both federal and state Constitutions and requiring reversal of the conviction, even in the presence of independent corroborating evidence of guilt. {Lynumn v. Illinois, 372 U.S. 528 [ 83 S.Ct. 917 , 9 L.Ed.2d 922 ]; Culombe v. Connecticut, 367 U.S. 568, 583-584 [ 81 S.Ct. 1860 , 6 L.Ed.2d 1037, 1046-1047 ]; People v. Parham, 60 Cal.2d 378, 385 [ 33 Cal.Rptr. 497 , 384 P.2d 1001 ]; People v. Berve, 51 Cal.2d 286, 290 [ 332 P.2d 97 ].) A frequently stated test is whether the behavior of the state’s law enfo

11
State v. Estabrookgreen
cal · 1926 · cited in 1 California opinions naming this issue, 1952–1952
2 sentences

1952As is pointed out by Mr. Justice Shaw in the opinion rendered on the application for rehearing in the Latour case, supra, page 437: ‘ ‘ The hearing of these two proceedings [petition for probate and the contest] must come at the same time, and it is this circumstance which causes the confusion about the proper method of procedure.” The frequently stated rule that the matter of the order of proof in such a case rests in the sound discretion of the trial court (Estate of Relph, supra, 192 Cal. 451, 459-460 ; see discussion in Estate of Black, 199 Cal. 257, 261 [ 248 P. 1015 ]), and the concept o

1952As is pointed out by Mr. Justice Shaw in the opinion rendered on the application for rehearing in the Latour case, supra, page 437: ‘ ‘ The hearing of these two proceedings [petition for probate and the contest] must come at the same time, and it is this circumstance which causes the confusion about the proper method of procedure.” The frequently stated rule that the matter of the order of proof in such a case rests in the sound discretion of the trial court (Estate of Relph, supra, 192 Cal. 451, 459-460 ; see discussion in Estate of Black, 199 Cal. 257, 261 [ 248 P. 1015 ]), and the concept o

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 (4)

CaseCitedYears
Service v. Pyramid Life Insurance green
kan · 1968
2 sentences

1975(See e.g., 9 Couch on Insurance (2d ed. 1962) § 39:207, pp. 562-563; Meyer, Life and Health Insurance Law (1972) § 5:14, pp. 126-127; 44 C.J.S. (1945) Insurance, § 230(3), pp. 966-967; 43 Am.Jur.2d (1969) Insurance, § 218, pp. 278-279; Anno., Temporary life, accident, or health insurance pending approval of application or issuance of policy (1948) 2 A.L.R.2d 943 , 982; Comment, Life Insurance Receipts: The Mystery of the Non-Binding Binder (1954) 63 Yale L.J. 523 , 532; Service v. Pyramid Life Insurance Company (1968) 201 Kan. 196 [ 440 P.2d 944, 960 ]; Colorado Life Co. v. Teague (Civ.App.

1975(See e.g., 9 Couch on Insurance (2d ed. 1962) § 39:207, pp. 562-563; Meyer, Life and Health Insurance Law (1972) § 5:14, pp. 126-127; 44 C.J.S. (1945) Insurance, § 230(3), pp. 966-967; 43 Am.Jur.2d (1969) Insurance, § 218, pp. 278-279; Anno., Temporary life, accident, or health insurance pending approval of application or issuance of policy (1948) 2 A.L.R.2d 943 , 982; Comment, Life Insurance Receipts: The Mystery of the Non-Binding Binder (1954) 63 Yale L.J. 523 , 532; Service v. Pyramid Life Insurance Company (1968) 201 Kan. 196 [ 440 P.2d 944, 960 ]; Colorado Life Co. v. Teague (Civ.App.

11975–1975
Lynumn v. Illinois green
scotus · 1963
2 sentences

1963Evidentiary use of an involuntary confession is a denial of due process of law, violating both federal and state Constitutions and requiring reversal of the conviction, even in the presence of independent corroborating evidence of guilt. {Lynumn v. Illinois, 372 U.S. 528 [ 83 S.Ct. 917 , 9 L.Ed.2d 922 ]; Culombe v. Connecticut, 367 U.S. 568, 583-584 [ 81 S.Ct. 1860 , 6 L.Ed.2d 1037, 1046-1047 ]; People v. Parham, 60 Cal.2d 378, 385 [ 33 Cal.Rptr. 497 , 384 P.2d 1001 ]; People v. Berve, 51 Cal.2d 286, 290 [ 332 P.2d 97 ].) A frequently stated test is whether the behavior of the state’s law enfo

1963Evidentiary use of an involuntary confession is a denial of due process of law, violating both federal and state Constitutions and requiring reversal of the conviction, even in the presence of independent corroborating evidence of guilt. {Lynumn v. Illinois, 372 U.S. 528 [ 83 S.Ct. 917 , 9 L.Ed.2d 922 ]; Culombe v. Connecticut, 367 U.S. 568, 583-584 [ 81 S.Ct. 1860 , 6 L.Ed.2d 1037, 1046-1047 ]; People v. Parham, 60 Cal.2d 378, 385 [ 33 Cal.Rptr. 497 , 384 P.2d 1001 ]; People v. Berve, 51 Cal.2d 286, 290 [ 332 P.2d 97 ].) A frequently stated test is whether the behavior of the state’s law enfo

11963–1963
People v. Berve green
cal · 1958
1 sentence

1963Evidentiary use of an involuntary confession is a denial of due process of law, violating both federal and state Constitutions and requiring reversal of the conviction, even in the presence of independent corroborating evidence of guilt. {Lynumn v. Illinois, 372 U.S. 528 [ 83 S.Ct. 917 , 9 L.Ed.2d 922 ]; Culombe v. Connecticut, 367 U.S. 568, 583-584 [ 81 S.Ct. 1860 , 6 L.Ed.2d 1037, 1046-1047 ]; People v. Parham, 60 Cal.2d 378, 385 [ 33 Cal.Rptr. 497 , 384 P.2d 1001 ]; People v. Berve, 51 Cal.2d 286, 290 [ 332 P.2d 97 ].) A frequently stated test is whether the behavior of the state’s law enfo

11963–1963
In Re Estate of Relph green
cal · 1923
1 sentence

1952As is pointed out by Mr. Justice Shaw in the opinion rendered on the application for rehearing in the Latour case, supra, page 437: ‘ ‘ The hearing of these two proceedings [petition for probate and the contest] must come at the same time, and it is this circumstance which causes the confusion about the proper method of procedure.” The frequently stated rule that the matter of the order of proof in such a case rests in the sound discretion of the trial court (Estate of Relph, supra, 192 Cal. 451, 459-460 ; see discussion in Estate of Black, 199 Cal. 257, 261 [ 248 P. 1015 ]), and the concept o

11952–1952

Where else courts name it

CA 6 (1952–1985) LA 5 (1939–1978) IL 3 (1969–1983) HI 2 (1978–2021) IN 2 (1956–1958) VA 2 (2000–2013) MO 2 (1972–1978) MD 2 (1989–2011) KS 2 (1972–1991) OR 2 (1976–1989) MI 2 (1982–1991) WA 2 (1969–1969) AR 2 (1993–2009) SC 2 (1962–2005)

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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