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6 California opinions name it 2 courts 2012–2021 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 |
|---|---|---|
Marks v. United Statesgreen2 sentences2016When a fragmented court decides a case, and no single rationale enjoys the assent of five justices, “ ‘the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.’ ” (Marks v. United States (1977) 430 U.S. 188, 193 [ 51 L.Ed.2d 260 , 97 S.Ct. 990 ] (Marks).) Amicus curiae American Civil Liberties Union *853 (ACLU) asserts the strict scrutiny test is warranted, but fails to explain why the Marks rule does not apply. 8 Even without considering Marks, we believe section 31 is a content-neutral provision. 2016When a fragmented court decides a case, and no single rationale enjoys the assent of five justices, “ ‘the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.’ ” (Marks v. United States (1977) 430 U.S. 188, 193 [ 51 L.Ed.2d 260 , 97 S.Ct. 990 ] (Marks).) Amicus curiae American Civil Liberties Union *853 (ACLU) asserts the strict scrutiny test is warranted, but fails to explain why the Marks rule does not apply. 8 Even without considering Marks, we believe section 31 is a content-neutral provision. | 1 | 2 |
L.A. All. for Survival v. City of Los Angelesgreen2 sentences2016A statute may be content neutral if it “ ‘serves purposes unrelated to the content of the expression’ ” even if it “ ‘has an incidental effect on some speakers or messages but not others.’ ” (Los Angeles Alliance for Survival v. City of Los Angeles (2000) 22 Cal.4th 352, 368 [ 93 Cal.Rptr.2d 1 , 993 P.2d 334 ], quoting Ward v. Rock Against Racism (1989) 491 U.S 781, 791 [ 105 L.Ed.2d 661 , 109 S.Ct. 2746 ].) For example a city may place restrictions on solicitations for immediate donations if it is “predominately . . . addressed to the inherently intrusive and potentially coercive nature of th 2016A statute may be content neutral if it “ ‘serves purposes unrelated to the content of the expression’ ” even if it “ ‘has an incidental effect on some speakers or messages but not others.’ ” (Los Angeles Alliance for Survival v. City of Los Angeles (2000) 22 Cal.4th 352, 368 [ 93 Cal.Rptr.2d 1 , 993 P.2d 334 ], quoting Ward v. Rock Against Racism (1989) 491 U.S 781, 791 [ 105 L.Ed.2d 661 , 109 S.Ct. 2746 ].) For example a city may place restrictions on solicitations for immediate donations if it is “predominately . . . addressed to the inherently intrusive and potentially coercive nature of th | 1 | 1 |
People v. Dungogreen2 sentences2013(Dungo, supra, 55 Cal.4th at p. 628 (conc. opn. of Chin, J.).) However, a legal opinion that commanded a majority of the Supreme Court is not required to find that court‟s reasoning. 2013(Dungo, supra, 55 Cal.4th at p. 628 (conc. opn. of Chin, J.).) However, a legal opinion that commanded a majority of the Supreme Court is not required to find that court‟s reasoning. | 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. Camino
green
2 sentences2021(Id. at p. 1370.) 24 This case is distinguishable from Camino, in which the defendant’s involvement in the shooting was more peripheral, and the police had a credible explanation for why they did not know if Camino was present at the shooting when they began the interview. ( Camino, supra, 188 Cal.App.4th at pp. 1374-1375.) Here, Sumagang was the sole suspect in Sangco’s death, and the police had abundant evidence of his involvement. 2021(Id. at p. 1370.) 24 This case is distinguishable from Camino, in which the defendant’s involvement in the shooting was more peripheral, and the police had a credible explanation for why they did not know if Camino was present at the shooting when they began the interview. ( Camino, supra, 188 Cal.App.4th at pp. 1374-1375.) Here, Sumagang was the sole suspect in Sangco’s death, and the police had abundant evidence of his involvement. | 2 | 2021–2021 |
Ward v. Rock Against Racism
green
2 sentences2016A statute may be content neutral if it “ ‘serves purposes unrelated to the content of the expression’ ” even if it “ ‘has an incidental effect on some speakers or messages but not others.’ ” (Los Angeles Alliance for Survival v. City of Los Angeles (2000) 22 Cal.4th 352, 368 [ 93 Cal.Rptr.2d 1 , 993 P.2d 334 ], quoting Ward v. Rock Against Racism (1989) 491 U.S 781, 791 [ 105 L.Ed.2d 661 , 109 S.Ct. 2746 ].) For example a city may place restrictions on solicitations for immediate donations if it is “predominately . . . addressed to the inherently intrusive and potentially coercive nature of th 2016A statute may be content neutral if it “ ‘serves purposes unrelated to the content of the expression’ ” even if it “ ‘has an incidental effect on some speakers or messages but not others.’ ” (Los Angeles Alliance for Survival v. City of Los Angeles (2000) 22 Cal.4th 352, 368 [ 93 Cal.Rptr.2d 1 , 993 P.2d 334 ], quoting Ward v. Rock Against Racism (1989) 491 U.S 781, 791 [ 105 L.Ed.2d 661 , 109 S.Ct. 2746 ].) For example a city may place restrictions on solicitations for immediate donations if it is “predominately . . . addressed to the inherently intrusive and potentially coercive nature of th | 1 | 2016–2016 |
People v. Cruz
green
1 sentence2013A valid waiver need not be of predetermined form, but instead must reflect that the suspect in fact knowingly and voluntarily waived the rights delineated in the Miranda decision. [Citation.] We have recognized that a valid waiver of Miranda rights may be express or implied. [Citations.] A suspect’s expressed willingness to answer questions after acknowledging an understanding of his or her Miranda rights has itself been held sufficient to constitute an implied waiver of such rights. [Citations.] In contrast, an unambiguous request for counsel or a refusal to talk bars further questioning. [Ci | 1 | 2013–2013 |
Miranda v. Arizona
green
1 sentence2013Code, §§ 451, 452.) 5 Based on the court’s ruling, Marks suggests the court engaged in judicial misconduct, claiming “the court wrongly assisted the prosecutor in coming up with other questionable and unsubstantiated reasons to get rid of [A.V.] as a juror.” As the above- quoted portions of the record indicate, Marks’s claim is utterly meritless. 7 enforcement agencies to advise a suspect, before any custodial law enforcement questioning, that “he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorne | 1 | 2013–2013 |
People v. Martinez
green
1 sentence2013Code, §§ 451, 452.) 5 Based on the court’s ruling, Marks suggests the court engaged in judicial misconduct, claiming “the court wrongly assisted the prosecutor in coming up with other questionable and unsubstantiated reasons to get rid of [A.V.] as a juror.” As the above- quoted portions of the record indicate, Marks’s claim is utterly meritless. 7 enforcement agencies to advise a suspect, before any custodial law enforcement questioning, that “he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorne | 1 | 2013–2013 |
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.