nonconstitutional claim in California

2001On this point Young is distinguishable, not because that appeal involved a constitutional challenge to the maximum sentence and here we are discussing a nonconstitutional challenge, but because in Young the defendant’s plea agreement “did not reserve [defendant’s] right to challenge the constitutionality of the maximum sentence.” (People v. Young, supra, 77 Cal.App.4th at p. 834.) Thus, no separate adversary hearing was held on that question.

2001(See People v. Lloyd, supra, 17 Cal.4th at p. 666.) While these decisions considered cruel or unusual punishment claims, another decision from the Court of Appeal, People v. McNight (1985) 171 *863 Cal.App.3d 620 [ 217 Cal.Rptr. 393 ], considered, inter alia, a nonconstitutional claim that the trial court failed to consider mitigating factors.

2001(Medina v. California (1992) 505 U.S. 437 [ 112 S.Ct. 2572 , 120 L.Ed.2d 353 ].) Rule 984.2 is a nonconstitutional rule of procedure. “[T]he fact that a particular procedure might enhance reliability does not make it one that is constitutionally mandated.” (People v. Holt (1997) 15 Cal.4th 619, 664 [ 63 Cal.Rptr.2d 782 , 937 P.2d 213 ].) Improper procedures in the use of an interpreter do not rise to the level of a constitutional violation unless they result in prejudice demonstrating defendant was denied his right to a fair trial.

2001(Medina v. California (1992) 505 U.S. 437 [ 112 S.Ct. 2572 , 120 L.Ed.2d 353 ].) Rule 984.2 is a nonconstitutional rule of procedure. “[T]he fact that a particular procedure might enhance reliability does not make it one that is constitutionally mandated.” (People v. Holt (1997) 15 Cal.4th 619, 664 [ 63 Cal.Rptr.2d 782 , 937 P.2d 213 ].) Improper procedures in the use of an interpreter do not rise to the level of a constitutional violation unless they result in prejudice demonstrating defendant was denied his right to a fair trial.

1999Failure to honor his request, however, will be reversible error only where the circumstances of the case indicate that there is a reasonable possibility that racial or ethnic prejudice might have influenced the jury.” ( 451 U.S. at p. 191 [ 101 S.Ct. at p. 1936 ], fn. omitted.) Five years later, the Supreme Court decided Turner v. Murray (1986) 476 U.S. 28 [ 106 S.Ct. 1683 , 90 L.Ed.2d 27 ].

1999Failure to honor his request, however, will be reversible error only where the circumstances of the case indicate that there is a reasonable possibility that racial or ethnic prejudice might have influenced the jury.” ( 451 U.S. at p. 191 [ 101 S.Ct. at p. 1936 ], fn. omitted.) Five years later, the Supreme Court decided Turner v. Murray (1986) 476 U.S. 28 [ 106 S.Ct. 1683 , 90 L.Ed.2d 27 ].

1984It is thus an appropriate means of enforcing substantive rights under the Fourteenth Amendment.” (448 U.S. at pp. 132-133 [65 L.Ed.2d at p. 663], fns. omitted; see also Illinois Welfare Rights Organization v. Miller, supra, 723 F.2d at p. 566 .) In a footnote the Maher court cited a House Report which stated that fees could be awarded in an action if a constitutional claim, which had not been fully litigated, met the “substantiality test” of Hagans v. Lavine (1974) 415 U.S. 528, 537-543 [ 39 L.Ed.2d 577, 587-591 , 94 S.Ct. 1372 ] and United Mine Workers v. Gibbs (1966) 383 U.S. 715, 725-729 [

1984It is thus an appropriate means of enforcing substantive rights under the Fourteenth Amendment.” (448 U.S. at pp. 132-133 [65 L.Ed.2d at p. 663], fns. omitted; see also Illinois Welfare Rights Organization v. Miller, supra, 723 F.2d at p. 566 .) In a footnote the Maher court cited a House Report which stated that fees could be awarded in an action if a constitutional claim, which had not been fully litigated, met the “substantiality test” of Hagans v. Lavine (1974) 415 U.S. 528, 537-543 [ 39 L.Ed.2d 577, 587-591 , 94 S.Ct. 1372 ] and United Mine Workers v. Gibbs (1966) 383 U.S. 715, 725-729 [

1984It is thus an appropriate means of enforcing substantive rights under the Fourteenth Amendment.” (448 U.S. at pp. 132-133 [65 L.Ed.2d at p. 663], fns. omitted; see also Illinois Welfare Rights Organization v. Miller, supra, 723 F.2d at p. 566 .) In a footnote the Maher court cited a House Report which stated that fees could be awarded in an action if a constitutional claim, which had not been fully litigated, met the “substantiality test” of Hagans v. Lavine (1974) 415 U.S. 528, 537-543 [ 39 L.Ed.2d 577, 587-591 , 94 S.Ct. 1372 ] and United Mine Workers v. Gibbs (1966) 383 U.S. 715, 725-729 [

1984It is thus an appropriate means of enforcing substantive rights under the Fourteenth Amendment.” (448 U.S. at pp. 132-133 [65 L.Ed.2d at p. 663], fns. omitted; see also Illinois Welfare Rights Organization v. Miller, supra, 723 F.2d at p. 566 .) In a footnote the Maher court cited a House Report which stated that fees could be awarded in an action if a constitutional claim, which had not been fully litigated, met the “substantiality test” of Hagans v. Lavine (1974) 415 U.S. 528, 537-543 [ 39 L.Ed.2d 577, 587-591 , 94 S.Ct. 1372 ] and United Mine Workers v. Gibbs (1966) 383 U.S. 715, 725-729 [

1984It is thus an appropriate means of enforcing substantive rights under the Fourteenth Amendment.” (448 U.S. at pp. 132-133 [65 L.Ed.2d at p. 663], fns. omitted; see also Illinois Welfare Rights Organization v. Miller, supra, 723 F.2d at p. 566 .) In a footnote the Maher court cited a House Report which stated that fees could be awarded in an action if a constitutional claim, which had not been fully litigated, met the “substantiality test” of Hagans v. Lavine (1974) 415 U.S. 528, 537-543 [ 39 L.Ed.2d 577, 587-591 , 94 S.Ct. 1372 ] and United Mine Workers v. Gibbs (1966) 383 U.S. 715, 725-729 [

1984(Maher, supra, 448 U.S. at p. 132, fn. 15 [65 L.Ed.2d at p. 663].) 9 In another footnote the Maher court expressed its *1034 approval of the Hagans substantiality test. (448 U.S. at p. 128, fn. 10 [65 L.Ed.2d at p. 660],) 10 Hagans sets forth a test to determine whether a plaintiff has pleaded a claim that is sufficiently “substantial” to confer federal jurisdiction on the federal courts.