Gordon standard (California) · Go Syfert
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Gordon standard in California

6 California opinions name it 2 courts 1977–2024 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.

Followed or applied (2)

CaseFollowedCited
Gordon v. Justice Courtgreen
cal · 1974 · cited in 1 California opinions naming this issue, 1994–1994
2 sentences

1994“In determining in advance of trial if a particular procedure or proceeding comports with the demands of due process, the courts have sought to ascertain whether in the absence of relief a reasonable likelihood exists that a fair trial cannot be had.” (Gordon v. Justice Court (1974) 12 Cal.3d 323, 329 [ 115 Cal.Rptr. 632 , 525 P.2d 72 , 71 A.L.R.3d 551 ] cert, den. 420 U.S. 938 [ 43 L.Ed.2d 415 , 95 S.Ct. 1149 ], italics in original.) The record provides no basis for a conclusion that the petition satisfies the Gordon standard.

1994“In determining in advance of trial if a particular procedure or proceeding comports with the demands of due process, the courts have sought to ascertain whether in the absence of relief a reasonable likelihood exists that a fair trial cannot be had.” (Gordon v. Justice Court (1974) 12 Cal.3d 323, 329 [ 115 Cal.Rptr. 632 , 525 P.2d 72 , 71 A.L.R.3d 551 ] cert, den. 420 U.S. 938 [ 43 L.Ed.2d 415 , 95 S.Ct. 1149 ], italics in original.) The record provides no basis for a conclusion that the petition satisfies the Gordon standard.

11
McGee v. United Statesgreen
scotus · 1971 · cited in 1 California opinions naming this issue, 1977–1977
2 sentences

1977The Supreme Court pointed out, however, that the exhaustion requirement “ ‘cannot properly be limited to those *839 persons whose claims would fail in court anyway.’ ” ( 402 U.S. at p. 490 [ 29 L.Ed.2d at p. 56 ].) The trial court awarded more than $23,000 in attorney’s fees to Gordon as the prevailing party in this litigation, pursuant to section 27428. 6 While we do not pass upon the propriety of awarding attorney’s fees to a prevailing defendant under that section, it is clear that the trial court erred in considering the merits of Gordon’s claim of vested rights and the judgment in his fav

1977The Supreme Court pointed out, however, that the exhaustion requirement “ ‘cannot properly be limited to those *839 persons whose claims would fail in court anyway.’ ” ( 402 U.S. at p. 490 [ 29 L.Ed.2d at p. 56 ].) The trial court awarded more than $23,000 in attorney’s fees to Gordon as the prevailing party in this litigation, pursuant to section 27428. 6 While we do not pass upon the propriety of awarding attorney’s fees to a prevailing defendant under that section, it is clear that the trial court erred in considering the merits of Gordon’s claim of vested rights and the judgment in his fav

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 (8)

CaseCitedYears
In Re Marriage of Flaherty green
cal · 1982
1 sentence

2024Still, we deny Gordon’s motion because he has not demonstrated “any reasonable attorney would agree” Chandler’s appeal “is totally and completely without merit.” (See In re Marriage of Flaherty (1982) 31 Cal.3d 637, 650 .) Nor has Gordon shown Chandler maintained her appeal to harass him or cause delay.

12024–2024
People v. Lemcke green
cal · 2021
1 sentence

2022As to Gordon’s claim, the Supreme Court was clear in Lemcke that “[w]hile there is general agreement that witness certainty is not a good indicator of accuracy under most circumstances, that ‘does not mean that eyewitness certainty is never correlated with accuracy.’ [Citation.] Rather, as Justice Liu explained in his concurring opinion in [People v. Sánchez, supra,] 63 Cal.4th 411 , the research suggests that ‘ “the strength of the confidence- accuracy relationship varies, as it depends on complex interactions among [numerous] factors.” ’ ” ( Lemcke, supra, 11 Cal.5th at pp. 666–667.) Because

12022–2022
People v. Sánchez green
cal · 2016
2 sentences

2022As to Gordon’s claim, the Supreme Court was clear in Lemcke that “[w]hile there is general agreement that witness certainty is not a good indicator of accuracy under most circumstances, that ‘does not mean that eyewitness certainty is never correlated with accuracy.’ [Citation.] Rather, as Justice Liu explained in his concurring opinion in [People v. Sánchez, supra,] 63 Cal.4th 411 , the research suggests that ‘ “the strength of the confidence- accuracy relationship varies, as it depends on complex interactions among [numerous] factors.” ’ ” ( Lemcke, supra, 11 Cal.5th at pp. 666–667.) Because

2022As to Gordon’s claim, the Supreme Court was clear in Lemcke that “[w]hile there is general agreement that witness certainty is not a good indicator of accuracy under most circumstances, that ‘does not mean that eyewitness certainty is never correlated with accuracy.’ [Citation.] Rather, as Justice Liu explained in his concurring opinion in [People v. Sánchez, supra,] 63 Cal.4th 411 , the research suggests that ‘ “the strength of the confidence- accuracy relationship varies, as it depends on complex interactions among [numerous] factors.” ’ ” ( Lemcke, supra, 11 Cal.5th at pp. 666–667.) Because

12022–2022
Sada v. Robert F. Kennedy Medical Center green
calctapp · 1997
1 sentence

2016Moreover, 17 Gordon established without dispute that he had experience in “community and public/private outreach” and had “developed a Young Muslim Leaders Group.” (3) Timing and other factors supporting an inference of retaliation We further note that the timing and nature of several acts and events, together with identity of the decision makers and Gordon’s highly favorable performance reviews, also serve to raise a triable issue of fact regarding whether City’s purported nonretaliatory reasons and support Gordon’s claim of retaliation. ( Sada, supra, 56 Cal.App.4th at pp. 156–157.) It is un

12016–2016
Reilly v. Superior Court green
cal · 2013
1 sentence

2014We concluded that “the trial court did not err by denying Gordon’s plea in abatement because the [post-Ronje] evaluation process had not been completed.” (Gordon v. Superior Court, supra, G045207.) DISCUSSION In Reilly, supra, 57 Cal.4th at page 646 , the California Supreme Court addressed the issue whether a court must dismiss an SVPA commitment petition that was supported by evaluations conducted under an invalid standardized assessment protocol. 4 The initial evaluations of the alleged sexually violent predator in Reilly had been conducted under the standardized assessment protocol later de

12014–2014
Lucas v. Regan green
scotus · 1975
1 sentence

1994“In determining in advance of trial if a particular procedure or proceeding comports with the demands of due process, the courts have sought to ascertain whether in the absence of relief a reasonable likelihood exists that a fair trial cannot be had.” (Gordon v. Justice Court (1974) 12 Cal.3d 323, 329 [ 115 Cal.Rptr. 632 , 525 P.2d 72 , 71 A.L.R.3d 551 ] cert, den. 420 U.S. 938 [ 43 L.Ed.2d 415 , 95 S.Ct. 1149 ], italics in original.) The record provides no basis for a conclusion that the petition satisfies the Gordon standard.

11994–1994
Trigg v. Tennessee green
scotus · 1975
1 sentence

1994“In determining in advance of trial if a particular procedure or proceeding comports with the demands of due process, the courts have sought to ascertain whether in the absence of relief a reasonable likelihood exists that a fair trial cannot be had.” (Gordon v. Justice Court (1974) 12 Cal.3d 323, 329 [ 115 Cal.Rptr. 632 , 525 P.2d 72 , 71 A.L.R.3d 551 ] cert, den. 420 U.S. 938 [ 43 L.Ed.2d 415 , 95 S.Ct. 1149 ], italics in original.) The record provides no basis for a conclusion that the petition satisfies the Gordon standard.

11994–1994
In re Smith green
scotus · 1975
1 sentence

1994“In determining in advance of trial if a particular procedure or proceeding comports with the demands of due process, the courts have sought to ascertain whether in the absence of relief a reasonable likelihood exists that a fair trial cannot be had.” (Gordon v. Justice Court (1974) 12 Cal.3d 323, 329 [ 115 Cal.Rptr. 632 , 525 P.2d 72 , 71 A.L.R.3d 551 ] cert, den. 420 U.S. 938 [ 43 L.Ed.2d 415 , 95 S.Ct. 1149 ], italics in original.) The record provides no basis for a conclusion that the petition satisfies the Gordon standard.

11994–1994

Where else courts name it

AZ 22 (1990–2026) FL 13 (1987–2023) NY 11 (1976–2025) TX 11 (1912–2026) GA 8 (1978–2018) CA 6 (1977–2024) OH 6 (2003–2025) AR 4 (2015–2021) CT 4 (1997–2019) IL 4 (1990–2021) PA 4 (1985–2019) IA 4 (2011–2024) MI 3 (2017–2019) WA 3 (2003–2013) DE 3 (2019–2025) ID 3 (2015–2019) MS 3 (2011–2021) VA 3 (1998–2002) IN 3 (2007–2017) MA 2 (2008–2011) ME 2 (2021–2024) MN 2 (2014–2017) MD 2 (2016–2018) AL 2 (1991–1999) WI 2 (2002–2019) NC 2 (2005–2015)

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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