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6 California opinions name it 1 courts 2016–2022 3 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 |
|---|---|---|
People v. Rivas-Colongreen2 sentences2016If the crime under consideration is a theft offense under sections 459.5 . . . or 496, the petitioner will have the additional burden of proving the value of the property did not exceed $950.’ ” ( Sherow, supra, at p. 879 , quoting Couzens & Bigelow, Proposition 47: “The Safe Neighborhoods and Schools Act” (Feb. 2015) <http://www.courts.ca.gov/documents/Prop-47-Information.pdf> [as of Aug. 11, 2015] p. 40.) The court further noted, “It is a rational allocation of burdens if the petitioner in such cases bears the burden of showing that he or she is eligible for resentencing of what was an other 2016If the crime under consideration is a theft offense under sections 459.5, . . . or 496, the petitioner will have the additional burden of proving the value of the property did not exceed $950.’ ” ( Sherow, supra, at p. 879 , quoting Couzens & Bigelow, Proposition 47: “The Safe Neighborhoods and Schools Act” (Feb. 2015) <http://www.courts.ca.gov/documents/Prop-47-Information.pdf> [as of Aug. 11, 2015] p. 40.) The court further noted, “It is a rational allocation of burdens if the petitioner in such cases bears the burden of showing that he or she is eligible for resentencing of what was an othe | 2 | 2 |
People v. Sherow CA4/1green2 sentences2016(People v. Sherow (2015) 239 Cal.App.4th 875, 879-880 (Sherow).) In Sherow, supra, 239 Cal.App.4th 875 , the court observed that “Proposition 47 does not explicitly allocate a burden of proof.” (Id. at p. 878.) The court stated that “applying established principles of statutory construction we believe a petitioner for resentencing under Proposition 47 must establish his or her eligibility for such resentencing” (ibid.) and therefore must “show the property loss . . . did not exceed $950 and thus fell within the new statutory definition of shoplifting.” (Id. at p. 877.) The court noted the well 2016(People v. Sherow (2015) 239 Cal.App.4th 875, 879-880 (Sherow).) In Sherow, supra, 239 Cal.App.4th 875 , the court observed that “Proposition 47 does not explicitly allocate a burden of proof.” (Id. at p. 878.) The court stated that “applying established principles of statutory construction we believe a petitioner for resentencing under Proposition 47 must establish his or her eligibility for such resentencing” (ibid.) and therefore must “show the property loss . . . did not exceed $950 and thus fell within the new statutory definition of shoplifting.” (Id. at p. 877.) The court noted the well | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
City of Brentwood v. Campbell
green
2 sentences2022In Brentwood I, this court noted the well-settled rule that “a party cannot assert estoppel against a government entity if it would nullify a strong rule of public policy.” (Brentwood I, supra, 237 Cal.App.4th at p. 504 .) This rule was applied to uphold DOF’s decision denying certain items on a ROPS after DOF had allowed payment of these items on two previously submitted ROPS. 2022In Brentwood I, this court noted the well-settled rule that “a party cannot assert estoppel against a government entity if it would nullify a strong rule of public policy.” (Brentwood I, supra, 237 Cal.App.4th at p. 504 .) This rule was applied to uphold DOF’s decision denying certain items on a ROPS after DOF had allowed payment of these items on two previously submitted ROPS. | 3 | 2022–2022 |
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.