statutory grant immunity (California) · Go Syfert
← California issues

statutory grant immunity in California

6 California opinions name it 2 courts 1967–2009 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 (3)

CaseFollowedCited
People v. Kinggreen
cal · 1967 · cited in 2 California opinions naming this issue, 1979–2001
2 sentences

2001Appellant does not use the word "jurisdiction," but appears to raise this issue by arguing "[a]ppellant is raising the issue that he has suffered an unauthorized trial and conviction because he was wrongly brought to trial at all." The California Supreme Court has previously recognized the jurisdictional nature of a statutory grant of immunity. ( People v. Backus (1979) 23 Cal.3d 360, 381 , 152 Cal.Rptr. 710 , 590 P.2d 837 ; People v. King (1967) 66 Cal.2d 633, 645 , 58 Cal.Rptr. 571 , 427 P.2d 171 ) (stating "a statutory grant of immunity enjoins the prosecution of a criminal action and thus

2001Appellant does not use the word "jurisdiction," but appears to raise this issue by arguing "[a]ppellant is raising the issue that he has suffered an unauthorized trial and conviction because he was wrongly brought to trial at all." The California Supreme Court has previously recognized the jurisdictional nature of a statutory grant of immunity. ( People v. Backus (1979) 23 Cal.3d 360, 381 , 152 Cal.Rptr. 710 , 590 P.2d 837 ; People v. King (1967) 66 Cal.2d 633, 645 , 58 Cal.Rptr. 571 , 427 P.2d 171 ) (stating "a statutory grant of immunity enjoins the prosecution of a criminal action and thus

12
Tom v. Schoolhouse Coins, Inc.green
calctapp · 1987 · cited in 1 California opinions naming this issue, 1993–1993
1 sentence

1993(Tom v. Schoolhouse Coins, Inc., supra, 191 Cal.App.3d at p. 828, fn. 1 .) The appeal in Tom is from an order of the superior court pursuant to such section “which compels compliance with a subpoena duces tecum issued by the Commissioner of Corporations.” (Id. at p. 828.) The case also holds that privacy interests imperilled at a corporations department examination are protected by the Government Code.

11
People v. Van Randallgreen
calctapp · 1956 · cited in 1 California opinions naming this issue, 1967–1967
2 sentences

1967Although it has been stated that Penal Code section 995 provides the only grounds upon which an indictment may *645 be set aside (People v. Van Randall (1956) 140 Cal.App.2d 771, 774 [ 296 P.2d 68 ]), a statutory grant of immunity enjoins the prosecution of a criminal action and thus deprives the court of jurisdiction to proceed.

1967Although it has been stated that Penal Code section 995 provides the only grounds upon which an indictment may *645 be set aside (People v. Van Randall (1956) 140 Cal.App.2d 771, 774 [ 296 P.2d 68 ]), a statutory grant of immunity enjoins the prosecution of a criminal action and thus deprives the court of jurisdiction to proceed.

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 (6)

CaseCitedYears
Uniformed Sanitation Men Association, Inc. v. Commissioner of Sanitation of the City of New York green
ca2 · 1970
2 sentences

2009The proceeding here involved no attempt to coerce relinquishment of constitutional rights, because public employees do not have an absolute constitutional right to refuse to account for their official actions and still keep their jobs; their right, conferred by the Fifth Amendment itself, ... is simply that neither what they say under such compulsion nor its fruits can be used against them in a subsequent prosecution.” (Sanitation Men II, supra, 426 F.2d 619, 627 , italics added.) Accordingly, the federal court of appeals ordered the federal district court to enter summary judgment for the cit

2009The proceeding here involved no attempt to coerce relinquishment of constitutional rights, because public employees do not have an absolute constitutional right to refuse to account for their official actions and still keep their jobs; their right, conferred by the Fifth Amendment itself, ... is simply that neither what they say under such compulsion nor its fruits can be used against them in a subsequent prosecution.” (Sanitation Men II, supra, 426 F.2d 619, 627 , italics added.) Accordingly, the federal court of appeals ordered the federal district court to enter summary judgment for the cit

12009–2009
People v. Backus green
cal · 1979
2 sentences

2001Appellant does not use the word "jurisdiction," but appears to raise this issue by arguing "[a]ppellant is raising the issue that he has suffered an unauthorized trial and conviction because he was wrongly brought to trial at all." The California Supreme Court has previously recognized the jurisdictional nature of a statutory grant of immunity. ( People v. Backus (1979) 23 Cal.3d 360, 381 , 152 Cal.Rptr. 710 , 590 P.2d 837 ; People v. King (1967) 66 Cal.2d 633, 645 , 58 Cal.Rptr. 571 , 427 P.2d 171 ) (stating "a statutory grant of immunity enjoins the prosecution of a criminal action and thus

2001Appellant does not use the word "jurisdiction," but appears to raise this issue by arguing "[a]ppellant is raising the issue that he has suffered an unauthorized trial and conviction because he was wrongly brought to trial at all." The California Supreme Court has previously recognized the jurisdictional nature of a statutory grant of immunity. ( People v. Backus (1979) 23 Cal.3d 360, 381 , 152 Cal.Rptr. 710 , 590 P.2d 837 ; People v. King (1967) 66 Cal.2d 633, 645 , 58 Cal.Rptr. 571 , 427 P.2d 171 ) (stating "a statutory grant of immunity enjoins the prosecution of a criminal action and thus

12001–2001
Summers v. Superior Court green
cal · 1959
2 sentences

2001Appellant does not use the word "jurisdiction," but appears to raise this issue by arguing "[a]ppellant is raising the issue that he has suffered an unauthorized trial and conviction because he was wrongly brought to trial at all." The California Supreme Court has previously recognized the jurisdictional nature of a statutory grant of immunity. ( People v. Backus (1979) 23 Cal.3d 360, 381 , 152 Cal.Rptr. 710 , 590 P.2d 837 ; People v. King (1967) 66 Cal.2d 633, 645 , 58 Cal.Rptr. 571 , 427 P.2d 171 ) (stating "a statutory grant of immunity enjoins the prosecution of a criminal action and thus

2001Appellant does not use the word "jurisdiction," but appears to raise this issue by arguing "[a]ppellant is raising the issue that he has suffered an unauthorized trial and conviction because he was wrongly brought to trial at all." The California Supreme Court has previously recognized the jurisdictional nature of a statutory grant of immunity. ( People v. Backus (1979) 23 Cal.3d 360, 381 , 152 Cal.Rptr. 710 , 590 P.2d 837 ; People v. King (1967) 66 Cal.2d 633, 645 , 58 Cal.Rptr. 571 , 427 P.2d 171 ) (stating "a statutory grant of immunity enjoins the prosecution of a criminal action and thus

12001–2001
People v. Williams green
calctapp · 2000
2 sentences

2001Appellant does not use the word "jurisdiction," but appears to raise this issue by arguing "[a]ppellant is raising the issue that he has suffered an unauthorized trial and conviction because he was wrongly brought to trial at all." The California Supreme Court has previously recognized the jurisdictional nature of a statutory grant of immunity. ( People v. Backus (1979) 23 Cal.3d 360, 381 , 152 Cal.Rptr. 710 , 590 P.2d 837 ; People v. King (1967) 66 Cal.2d 633, 645 , 58 Cal.Rptr. 571 , 427 P.2d 171 ) (stating "a statutory grant of immunity enjoins the prosecution of a criminal action and thus

2001Appellant does not use the word "jurisdiction," but appears to raise this issue by arguing "[a]ppellant is raising the issue that he has suffered an unauthorized trial and conviction because he was wrongly brought to trial at all." The California Supreme Court has previously recognized the jurisdictional nature of a statutory grant of immunity. ( People v. Backus (1979) 23 Cal.3d 360, 381 , 152 Cal.Rptr. 710 , 590 P.2d 837 ; People v. King (1967) 66 Cal.2d 633, 645 , 58 Cal.Rptr. 571 , 427 P.2d 171 ) (stating "a statutory grant of immunity enjoins the prosecution of a criminal action and thus

12001–2001
People v. Rucker yellow
cal · 1980
1 sentence

1984The Doe decision thus confirms the correctness of the legal reasoning in Hughes and in this case. 9 We note the similarity of the test applied to pretrial interviews in People v. Rucker, supra, 26 Cal.3d at page 382 : “Clearly, the responses made by appellant were ‘communications’ on their face for he was asked to ‘communicate ideas or knowledge of facts.’ The words appellant spoke were not prescribed for him, as in Wade.

11984–1984
In Re Connolly green
calctapp · 1936
1 sentence

1967(In re Connolly, supra, 16 Cal.App.2d 709, 714 .) Accordingly, an immunity statute cannot be given its proper effect unless it too is recognized as a proper basis for quashing an indictment.

11967–1967

Where else courts name it

WA 11 (1981–2008) MI 11 (1976–2026) NY 7 (1984–2005) CA 6 (1967–2009) IL 5 (1979–1996) OH 5 (1990–2021) CO 4 (2006–2015) FL 4 (1982–2001) WY 3 (1989–2008) LA 2 (1992–2003) TX 2 (2013–2017) AK 2 (1993–1996) MO 2 (2011–2012) OK 2 (1995–2000) NM 2 (1990–2005) VA 2 (1997–1997) CT 2 (1985–2023)

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.

← Caselaw search · G Cite Topics · Brief Check