facts supporting claim (California) · Go Syfert
← California issues

facts supporting claim in California

44 California opinions name it 3 courts 1934–2025 10 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 (35)

CaseFollowedCited
Khoury v. Maly's of California, Inc.green
calctapp · 1993 · cited in 6 California opinions naming this issue, 2002–2016
2 sentences

2016The complaint alleges defendants used 8 false documents, manufactured documents, used robo-signers, and used other unlawful practices “to facilitate quicker foreclosures.” A plaintiff alleging an unfair business practice “must state with reasonable particularity the facts supporting the statutory elements of the violation.” (Khoury v. Maly’s of California, Inc. (1993) 14 Cal.App.4th 612, 619 .) A demurrer is properly sustained where the complaint “identifies no particular section of the statutory scheme which was violated and fails to describe with any reasonable particularity the facts suppor

2015(Khoury v. Maly’s California, Inc. (1993) 14 Cal.App.4th 612, 616 [demurrer dismissal affirmed where the plaintiff had failed to identify which section of the law had been violated or describe with any particularity the facts supporting the violation].) Penal Code section 532f, subdivision (a)(4) provides that “[a] person commits mortgage fraud if, with the intent to defraud, the person . . . files or causes to be filed with the recorder of any county in connection with a mortgage loan transaction any document the person knows to contain a deliberate misstatement, misrepresentation, or omissio

36
San Diego County Health & Human Services Agency v. Tomas L.green
calctapp · 2012 · cited in 3 California opinions naming this issue, 2014–2016
2 sentences

2016(In re Fernando M. (2006) 138 Cal.App.4th 529, 534 .) "Adoption, where possible, is the permanent plan preferred by the Legislature." (In re 8 Autumn H. (1994) 27 Cal.App.4th 567, 573 (Autumn H.); accord, In re D.M. (2012) 205 Cal.App.4th 283, 290 .) At the section 366.26 hearing, if the court finds a child cannot be returned to his or her parent and is likely to be adopted if parental rights are terminated, it must select adoption as the permanent plan unless it finds a compelling reason for determining that termination of parental rights would be detrimental to the child under one or more of

2014(Ibid.) "Adoption, where possible, is the permanent plan preferred by the Legislature." (In re Autumn H. (1994) 27 Cal.App.4th 567, 573 (Autumn H.); accord In re D.M. (2012) 205 Cal.App.4th 283, 290 .) If the court finds a child cannot be returned to his or her parent and is likely to be adopted if parental rights are terminated, it must select adoption as the permanent plan unless it finds a compelling reason for determining that termination of parental rights would be detrimental to the child under one or more of the enumerated statutory exceptions. (§ 366.26, subd. (c)(1)(A) & (B)(i)-(vi).)

33
In Re Mirandagreen
cal · 2008 · cited in 3 California opinions naming this issue, 2009–2021
2 sentences

2009However, in any type of proceeding, the movant (or petitioner) bears the burden of alleging and showing entitlement to the relief sought. ( People v. Lopez (1997) 52 Cal.App.4th 233, 251 [ 60 Cal.Rptr.2d 511 ]; see also Conservatorship of Hume (2006) 140 Cal.App.4th 1385, 1388-1389 [ 44 Cal.Rptr.3d 906 ] [a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting].) In habeas corpus proceedings, analogous in nature to a petition for release from involuntary treatment, a discretionary writ will be s

2009However, in any type of proceeding, the movant (or petitioner) bears the burden of alleging and showing entitlement to the relief sought. ( People v. Lopez (1997) 52 Cal.App.4th 233, 251 [ 60 Cal.Rptr.2d 511 ]; see also Conservatorship of Hume (2006) 140 Cal.App.4th 1385, 1388-1389 [ 44 Cal.Rptr.3d 906 ] [a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting].) In habeas corpus proceedings, analogous in nature to a petition for release from involuntary treatment, a discretionary writ will be s

23
In Re Autumn H.green
calctapp · 1994 · cited in 3 California opinions naming this issue, 2014–2016
2 sentences

2016(In re Fernando M. (2006) 138 Cal.App.4th 529, 534 .) "Adoption, where possible, is the permanent plan preferred by the Legislature." (In re 8 Autumn H. (1994) 27 Cal.App.4th 567, 573 (Autumn H.); accord, In re D.M. (2012) 205 Cal.App.4th 283, 290 .) At the section 366.26 hearing, if the court finds a child cannot be returned to his or her parent and is likely to be adopted if parental rights are terminated, it must select adoption as the permanent plan unless it finds a compelling reason for determining that termination of parental rights would be detrimental to the child under one or more of

2014(Ibid.) "Adoption, where possible, is the permanent plan preferred by the Legislature." (In re Autumn H. (1994) 27 Cal.App.4th 567, 573 (Autumn H.); accord In re D.M. (2012) 205 Cal.App.4th 283, 290 .) If the court finds a child cannot be returned to his or her parent and is likely to be adopted if parental rights are terminated, it must select adoption as the permanent plan unless it finds a compelling reason for determining that termination of parental rights would be detrimental to the child under one or more of the enumerated statutory exceptions. (§ 366.26, subd. (c)(1)(A) & (B)(i)-(vi).)

23
San Diego County Health & Human Services Agency v. Sara D.green
calctapp · 2011 · cited in 3 California opinions naming this issue, 2014–2016
2 sentences

2016(In re C.F. (2011) 193 Cal.App.4th 549, 553 (C.F.).) Father relied on section 366.26, subdivision (c)(1)(B)(i), which provides an exception to the adoption preference if terminating parental rights would be "detrimental to the child" because "[t]he parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship." (Italics added.) We have interpreted the phrase "benefit from continuing the relationship" to refer to a parent-child relationship that "promotes the well-being of the child to such a degree as to outweigh the well-bei

2014(In re C.F. (2011) 193 Cal.App.4th 549, 553 (C.F.).) Because a selection and implementation hearing occurs "after the court has repeatedly found the parent unable to meet the child's needs, it is only in an extraordinary case that preservation of the parent's rights will prevail over the Legislature's preference for adoptive placement." (In re Jasmine D. (2000) 78 Cal.App.4th 1339, 1350 .) In this case, Father relied on section 366.26, subdivision (c)(1)(B)(i), which provides an exception to the adoption preference if terminating parental rights would be "detrimental to the child" because "[t]

23
People v. Lopezgreen
calctapp · 1997 · cited in 2 California opinions naming this issue, 2009–2010
2 sentences

2010(People v. Lopez (1997) 52 Cal.App.4th 233, 251 [ 60 Cal.Rptr.2d 511 ]; see also Conservatorship of Hume (2006) 140 Cal.App.4th 1385, 1388-1389 [ 44 Cal.Rptr.3d 906 ] [a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting].) In habeas corpus proceedings, analogous in nature to a petition for release from involuntary treatment, a discretionary writ will be summarily denied without a hearing unless the petitioner meets his burden of alleging and proving the facts supporting his claim for relief.

2010(People v. Lopez (1997) 52 Cal.App.4th 233, 251 [ 60 Cal.Rptr.2d 511 ]; see also Conservatorship of Hume (2006) 140 Cal.App.4th 1385, 1388-1389 [ 44 Cal.Rptr.3d 906 ] [a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting].) In habeas corpus proceedings, analogous in nature to a petition for release from involuntary treatment, a discretionary writ will be summarily denied without a hearing unless the petitioner meets his burden of alleging and proving the facts supporting his claim for relief.

22
In Re Conservatorship Humegreen
calctapp · 2006 · cited in 2 California opinions naming this issue, 2009–2010
2 sentences

2010(People v. Lopez (1997) 52 Cal.App.4th 233, 251 [ 60 Cal.Rptr.2d 511 ]; see also Conservatorship of Hume (2006) 140 Cal.App.4th 1385, 1388-1389 [ 44 Cal.Rptr.3d 906 ] [a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting].) In habeas corpus proceedings, analogous in nature to a petition for release from involuntary treatment, a discretionary writ will be summarily denied without a hearing unless the petitioner meets his burden of alleging and proving the facts supporting his claim for relief.

2010(People v. Lopez (1997) 52 Cal.App.4th 233, 251 [ 60 Cal.Rptr.2d 511 ]; see also Conservatorship of Hume (2006) 140 Cal.App.4th 1385, 1388-1389 [ 44 Cal.Rptr.3d 906 ] [a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting].) In habeas corpus proceedings, analogous in nature to a petition for release from involuntary treatment, a discretionary writ will be summarily denied without a hearing unless the petitioner meets his burden of alleging and proving the facts supporting his claim for relief.

22
People v. Petznickgreen
calctapp · 2004 · cited in 9 California opinions naming this issue, 2012–2025
2 sentences

2025(People v. Moore (2002) 96 Cal.App.4th 1105, 1116 ; People v. Miceli (2002) 104 Cal.App.4th 256, 267 ) Substantial evidence in this context does not mean “any evidence . . . no matter how weak[,]” but rather “ ‘ “evidence 7 from which a jury composed of reasonable [people] could have concluded” ’ that the specific facts supporting the instruction existed.” (People v. Petznick (2003) 114 Cal.App.4th 663, 677 ; accord, People v. Larsen (2012) 205 Cal.App.4th 810 , 823- 824.) Since entrapment is an affirmative defense that the defense must prove by a preponderance of the evidence, (People v. Mowe

2023Instead, the jury must be instructed when there is evidence that ‘deserve[s] consideration by the jury, i.e., “evidence from which a jury composed of reasonable [people] could have concluded” ’ that the specific facts supporting the instruction existed. [Citation.]” (People v. Petznick (2003) 114 Cal.App.4th 663, 677 , italics omitted.) Generally, CALCRIM No. 3475 applies to cases in which the owner or occupant of property is charged with using excessive force to remove a trespasser.

19
People v. Larsengreen
calctapp · 2012 · cited in 4 California opinions naming this issue, 2020–2025
2 sentences

2025(People v. Moore (2002) 96 Cal.App.4th 1105, 1116 ; People v. Miceli (2002) 104 Cal.App.4th 256, 267 ) Substantial evidence in this context does not mean “any evidence . . . no matter how weak[,]” but rather “ ‘ “evidence 7 from which a jury composed of reasonable [people] could have concluded” ’ that the specific facts supporting the instruction existed.” (People v. Petznick (2003) 114 Cal.App.4th 663, 677 ; accord, People v. Larsen (2012) 205 Cal.App.4th 810 , 823- 824.) Since entrapment is an affirmative defense that the defense must prove by a preponderance of the evidence, (People v. Mowe

2023Instead, the jury must be instructed when there is evidence that “deserve[s] consideration by the jury, i.e., ‘evidence from which a jury composed of reasonable [people] could have concluded’ ” ’ that the specific facts supporting the instruction existed.” (Larsen, supra, 205 Cal.App.4th at p. 824 .) Absent expert testimony that Dupuis even suffered from a mental disorder, no specific facts supported the instruction.

14
Jolly v. Eli Lilly & Co.green
cal · 1988 · cited in 2 California opinions naming this issue, 2016–2016
2 sentences

2016(See Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, 1110 [ 245 Cal.Rptr. 658 , 751 P.2d 923 ].) On December 17, 2013, the jury returned a verdict in favor of TAT and Putney.

2016(See Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, 1110 [ 245 Cal.Rptr. 658 , 751 P.2d 923 ].) On December 17, 2013, the jury returned a verdict in favor of TAT and Putney.

12
People v. Mowergreen
cal · 2002 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025(People v. Moore (2002) 96 Cal.App.4th 1105, 1116 ; People v. Miceli (2002) 104 Cal.App.4th 256, 267 ) Substantial evidence in this context does not mean “any evidence . . . no matter how weak[,]” but rather “ ‘ “evidence 7 from which a jury composed of reasonable [people] could have concluded” ’ that the specific facts supporting the instruction existed.” (People v. Petznick (2003) 114 Cal.App.4th 663, 677 ; accord, People v. Larsen (2012) 205 Cal.App.4th 810 , 823- 824.) Since entrapment is an affirmative defense that the defense must prove by a preponderance of the evidence, (People v. Mowe

11
People v. Johnsongreen
calctapp · 2009 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023(People v. Johnson (2009) 180 Cal.App.4th 702, 709 (Johnson).) “The principles set forth in CALCRIM No. 3475 might also apply when there is an issue of whether a trespasser had any right to defend himself against the use of force by the owner/occupant of the property.

11
People v. Ivansgreen
calctapp · 1992 · cited in 1 California opinions naming this issue, 2021–2021
11
People v. Verdugogreen
cal · 2010 · cited in 1 California opinions naming this issue, 2021–2021
11
People v. Edwardsgreen
cal · 1985 · cited in 1 California opinions naming this issue, 2020–2020
11
People v. Wilsongreen
cal · 2005 · cited in 1 California opinions naming this issue, 2016–2016
11
People v. Heathgreen
calctapp · 1989 · cited in 1 California opinions naming this issue, 2016–2016
11
Heller v. Doe Ex Rel. Doegreen
scotus · 1993 · cited in 1 California opinions naming this issue, 2014–2014
11
Lueras v. BAC Home Loans Servicing, LPgreen
calctapp · 2013 · cited in 1 California opinions naming this issue, 2014–2014
11
Doe v. City of Los Angelesgreen
cal · 2007 · cited in 1 California opinions naming this issue, 2014–2014
11
People v. Leonardgreen
cal · 2007 · cited in 1 California opinions naming this issue, 2014–2014
11
Betz v. Pankowgreen
calctapp · 1993 · cited in 1 California opinions naming this issue, 2013–2013
11
People v. Sinclairgreen
calctapp · 1998 · cited in 1 California opinions naming this issue, 2012–2012
11
People v. Ervingreen
cal · 2000 · cited in 1 California opinions naming this issue, 2012–2012
11
People v. Blackshergreen
cal · 2011 · cited in 1 California opinions naming this issue, 2012–2012
11
People v. Carrgreen
cal · 1972 · cited in 1 California opinions naming this issue, 2004–2004
11
People v. Superior Court (Zamudio)green
cal · 2000 · cited in 1 California opinions naming this issue, 2002–2002
11
People v. Diazgreen
cal · 1992 · cited in 1 California opinions naming this issue, 2001–2001
11
People v. Mendoza Tellogreen
cal · 1997 · cited in 1 California opinions naming this issue, 2001–2001
11
People v. Andersongreen
cal · 2001 · cited in 1 California opinions naming this issue, 2001–2001
11
Lutz v. De Laurentiisgreen
calctapp · 1989 · cited in 1 California opinions naming this issue, 1993–1993
11
Briscoe v. Reader's Digest Association, Inc.green
cal · 1971 · cited in 1 California opinions naming this issue, 1988–1988
11
Kapellas v. Kofmangreen
cal · 1969 · cited in 1 California opinions naming this issue, 1988–1988
11
Forsher v. Bugliosigreen
cal · 1980 · cited in 1 California opinions naming this issue, 1988–1988
11
People v. Amadiogreen
calctapp · 1971 · cited in 1 California opinions naming this issue, 1984–1984
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 (45)

CaseCitedYears
People v. Saavedra green
calctapp · 2007
2 sentences

2016Instead, the jury must be instructed when there is evidence that ‘deserve[s] consideration by the jury, i.e., “evidence from which a jury composed of reasonable [people] could have concluded” ’ that the specific facts supporting the instruction existed.” (People v. Petznick (2003) 114 Cal.App.4th 663, 677 .) “The defense of duress is available to defendants who commit crimes, except murder, ‘under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused.’ ” (People v. Wilson (2005) 36 Cal.4th 309, 331 (Wilson).) “An

2014(People v. Saavedra (2007) 156 Cal.App.4th 561, 570-571 ; People v. Adrian (1982) 135 Cal.App.3d 335, 340-341 ; see CALCRIM No. 3470.) To support a claim of self-defense, the defendant must honestly and reasonably believe there is a threat of imminent bodily injury.

22014–2016
Los Angeles County Department of Children & Family Services v. Margaret M. green
calctapp · 2006
2 sentences

2016(In re Fernando M. (2006) 138 Cal.App.4th 529, 534 .) "Adoption, where possible, is the permanent plan preferred by the Legislature." (In re 8 Autumn H. (1994) 27 Cal.App.4th 567, 573 (Autumn H.); accord, In re D.M. (2012) 205 Cal.App.4th 283, 290 .) At the section 366.26 hearing, if the court finds a child cannot be returned to his or her parent and is likely to be adopted if parental rights are terminated, it must select adoption as the permanent plan unless it finds a compelling reason for determining that termination of parental rights would be detrimental to the child under one or more of

2014(In re Fernando M. (2006) 138 Cal.App.4th 529, 534 .) "Adoption, where possible, is the permanent plan preferred by the Legislature." (In re Autumn H. (1994) 27 Cal.App.4th 567, 573 ; accord In re D.M. (2012) 205 Cal.App.4th 283, 290 .) If the court finds a child cannot be returned to his or her parent and is likely to be adopted if parental rights are terminated, it must select adoption as the permanent plan unless it finds a compelling reason for determining that termination of parental rights would be detrimental to the child under one or more of the enumerated statutory exceptions. (§ 366.

22014–2016
People v. Moore green
calctapp · 2002
1 sentence

2025(People v. Moore (2002) 96 Cal.App.4th 1105, 1116 ; People v. Miceli (2002) 104 Cal.App.4th 256, 267 ) Substantial evidence in this context does not mean “any evidence . . . no matter how weak[,]” but rather “ ‘ “evidence 7 from which a jury composed of reasonable [people] could have concluded” ’ that the specific facts supporting the instruction existed.” (People v. Petznick (2003) 114 Cal.App.4th 663, 677 ; accord, People v. Larsen (2012) 205 Cal.App.4th 810 , 823- 824.) Since entrapment is an affirmative defense that the defense must prove by a preponderance of the evidence, (People v. Mowe

12025–2025
People v. Miceli green
calctapp · 2003
1 sentence

2025(People v. Moore (2002) 96 Cal.App.4th 1105, 1116 ; People v. Miceli (2002) 104 Cal.App.4th 256, 267 ) Substantial evidence in this context does not mean “any evidence . . . no matter how weak[,]” but rather “ ‘ “evidence 7 from which a jury composed of reasonable [people] could have concluded” ’ that the specific facts supporting the instruction existed.” (People v. Petznick (2003) 114 Cal.App.4th 663, 677 ; accord, People v. Larsen (2012) 205 Cal.App.4th 810 , 823- 824.) Since entrapment is an affirmative defense that the defense must prove by a preponderance of the evidence, (People v. Mowe

12025–2025
People v. Ayala green
cal · 2000
1 sentence

2024(See People v. Ledesma, supra, 39 Cal.4th at p. 705 ; People v. Ayala, supra, 23 Cal.4th at p. 299 ; People v. Lamb, supra, 136 Cal.App.4th at p. 581 ; People v. Garbutt, supra, 197 Cal. at p. 205 .) While a trial court may not ignore the defendant’s right to offer testimony of a witness in his favor, “the mere invocation of that right cannot automatically and invariably outweigh countervailing public interests.” (Taylor v. Illinois, supra, 484 U.S. at p. 414 .) “The integrity of the adversary process, which depends both on the presentation of reliable evidence and the rejection of unreliable

12024–2024
People v. Gonzales green
calctapp · 1994
1 sentence

2024(See People v. Ledesma, supra, 39 Cal.4th at p. 705 ; People v. Ayala, supra, 23 Cal.4th at p. 299 ; People v. Lamb, supra, 136 Cal.App.4th at p. 581 ; People v. Garbutt, supra, 197 Cal. at p. 205 .) While a trial court may not ignore the defendant’s right to offer testimony of a witness in his favor, “the mere invocation of that right cannot automatically and invariably outweigh countervailing public interests.” (Taylor v. Illinois, supra, 484 U.S. at p. 414 .) “The integrity of the adversary process, which depends both on the presentation of reliable evidence and the rejection of unreliable

12024–2024
People v. Lamb green
calctapp · 2006
1 sentence

2024(See People v. Ledesma, supra, 39 Cal.4th at p. 705 ; People v. Ayala, supra, 23 Cal.4th at p. 299 ; People v. Lamb, supra, 136 Cal.App.4th at p. 581 ; People v. Garbutt, supra, 197 Cal. at p. 205 .) While a trial court may not ignore the defendant’s right to offer testimony of a witness in his favor, “the mere invocation of that right cannot automatically and invariably outweigh countervailing public interests.” (Taylor v. Illinois, supra, 484 U.S. at p. 414 .) “The integrity of the adversary process, which depends both on the presentation of reliable evidence and the rejection of unreliable

12024–2024
People v. Ledesma green
cal · 2006
1 sentence

2024(See People v. Ledesma, supra, 39 Cal.4th at p. 705 ; People v. Ayala, supra, 23 Cal.4th at p. 299 ; People v. Lamb, supra, 136 Cal.App.4th at p. 581 ; People v. Garbutt, supra, 197 Cal. at p. 205 .) While a trial court may not ignore the defendant’s right to offer testimony of a witness in his favor, “the mere invocation of that right cannot automatically and invariably outweigh countervailing public interests.” (Taylor v. Illinois, supra, 484 U.S. at p. 414 .) “The integrity of the adversary process, which depends both on the presentation of reliable evidence and the rejection of unreliable

12024–2024
People v. Rodriguez green
cal · 1990
1 sentence

2024(People v. Rodriguez (1990) 51 Cal.3d 437, 439 .) The evidence must support a conclusion that the probationer willfully violated a term of probation.

12024–2024
People v. Garbutt green
cal · 1925
1 sentence

2024(See People v. Ledesma, supra, 39 Cal.4th at p. 705 ; People v. Ayala, supra, 23 Cal.4th at p. 299 ; People v. Lamb, supra, 136 Cal.App.4th at p. 581 ; People v. Garbutt, supra, 197 Cal. at p. 205 .) While a trial court may not ignore the defendant’s right to offer testimony of a witness in his favor, “the mere invocation of that right cannot automatically and invariably outweigh countervailing public interests.” (Taylor v. Illinois, supra, 484 U.S. at p. 414 .) “The integrity of the adversary process, which depends both on the presentation of reliable evidence and the rejection of unreliable

12024–2024
Taylor v. Illinois green
scotus · 1988
1 sentence

2024(See People v. Ledesma, supra, 39 Cal.4th at p. 705 ; People v. Ayala, supra, 23 Cal.4th at p. 299 ; People v. Lamb, supra, 136 Cal.App.4th at p. 581 ; People v. Garbutt, supra, 197 Cal. at p. 205 .) While a trial court may not ignore the defendant’s right to offer testimony of a witness in his favor, “the mere invocation of that right cannot automatically and invariably outweigh countervailing public interests.” (Taylor v. Illinois, supra, 484 U.S. at p. 414 .) “The integrity of the adversary process, which depends both on the presentation of reliable evidence and the rejection of unreliable

12024–2024
Green v. Superior Court green
cal · 1985
2 sentences

2023(Boyer, supra, 38 Cal.4th at p. 449 ; Green, supra, 40 Cal.3d at p. 138 .) 1.

2023(Boyer, supra, 38 Cal.4th at p. 449 ; Green, supra, 40 Cal.3d at p. 138 .) 1.

12023–2023
People v. Boyer red
cal · 2006
1 sentence

2023(Boyer, supra, 38 Cal.4th at p. 449 ; Green, supra, 40 Cal.3d at p. 138 .) 1.

12023–2023
People v. O'CONNELL green
calctapp · 2003
1 sentence

2022We are mindful that the standard of proof for a violation of probation is a preponderance of the evidence (People v. O’Connell (2003) 107 Cal.App.4th 1062, 1066 ), but the jury verdicts indicate the facts supporting the violation of probation were found true beyond a reasonable doubt.

12022–2022
People v. Duvall green
cal · 1995
1 sentence

2021(In re Miranda (2008) 43 Cal.4th 541, 575 ; People v. Duvall (1995) 9 Cal.4th 464, 474 .) “[A] postconviction challenge to a special circumstance finding under Banks and Clark presents a legal question for the reviewing court. [Citation.] The challenge ‘does not require resolution of disputed facts; the facts are a given’—the appellate court simply determines if they are sufficient to support the special circumstance finding under the multifactor guidance articulated in Banks and Clark.” (Jones, supra, 56 Cal.App.5th at p. 483, rev.gr.) The underlying judgment is presumed valid (In re Bacigalu

12021–2021
People v. Martin green
calctapp · 2000
1 sentence

2021(People v. Martin (2000) 78 Cal.App.4th 1107, 1111 .) F. Analysis None of the three witnesses in this case testified they smelled alcohol on defendant’s breath or person.

12021–2021
People v. Lopez green
calctapp · 1992
1 sentence

2021Instead, the jury must be instructed when there is evidence that ‘deserve[s] consideration by the jury, i.e., “evidence from which a jury composed of reasonable [people] could have concluded”’ that the specific facts supporting the instruction existed.” (People v. Petznick (2003) 114 Cal.App.4th 663, 677 .) “‘The duty to instruct, sua sponte, on general principles closely and openly connected with the facts before the court also encompasses an obligation to instruct on defenses,’” (People v. Lopez (1992) 11 Cal.App.4th 1115, 1120 ), but only if they are “supported by substantial evidence [and]

12021–2021
In re Bacigalupo green
cal · 2012
12021–2021
People v. Montoya green
cal · 1994
12021–2021
People v. Williams green
cal · 1997
1 sentence

2021Instead, the jury must be instructed when there is evidence that ‘deserve[s] consideration by the jury, i.e., “evidence from which a jury composed of reasonable [people] could have concluded”’ that the specific facts supporting the instruction existed.” (People v. Petznick (2003) 114 Cal.App.4th 663, 677 .) “A defendant is entitled to such an instruction only when there is substantial evidence of the defendant’s voluntary intoxication and the intoxication affected the defendant’s ‘actual formation of specific intent.’” (People v. Williams (1997) 16 Cal.4th 635, 677 ; accord, People v. Verdugo

12021–2021
In re Bennett green
calctapp5d · 2018
12021–2021
Debro v. Los Angeles Raiders green
calctapp · 2001
12017–2017
People v. Trujeque green
cal · 2015
12016–2016
People v. Saddler green
cal · 1979
12015–2015
People v. Breverman green
cal · 1998
12015–2015
People v. Alexander green
cal · 2010
12015–2015
People v. Manriquez green
cal · 2005
12015–2015
People v. Dowdell green
calctapp · 2014
12015–2015
People v. Adrian green
calctapp · 1982
12014–2014
In Re Jasmine D. green
calctapp · 2000
12014–2014
Boschma v. Home Loan Center, Inc. green
calctapp · 2011
12014–2014
Marshall v. Gibson, Dunn & Crutcher green
calctapp · 1995
12014–2014
Wilson v. Hynek green
calctapp · 2012
12014–2014
Matheney v. State green
ind · 2005
12014–2014
People v. Howard green
cal · 2010
12014–2014
Rose v. Bank of America green
cal · 2013
12014–2014
People v. Flannel red
cal · 1979
12013–2013
People v. Ochoa green
cal · 1999
12013–2013
People v. Salas green
cal · 2006
12013–2013
People v. Sinclair neutral
calctapp · 1998
12012–2012

Statutes the citing opinions construe

CA § Cal. Penal Code § 187 (4)

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.

Where else courts name it

CA 44 (1934–2025) IN 17 (1998–2019) IL 13 (1988–2026) VT 12 (2016–2026) FL 12 (1974–2023) WA 12 (1990–2026) MI 11 (1969–2018) NY 11 (1952–2026) GA 9 (1976–2020) AZ 9 (1997–2022) OR 9 (1955–2014) CT 8 (1990–2019) TX 8 (1991–2025) NJ 7 (2003–2025) LA 6 (2008–2017) MO 6 (1994–2016) UT 6 (1999–2025) NV 5 (2013–2020) MS 5 (1922–2023) OH 5 (1995–2024) IA 4 (1998–2023) NM 3 (1986–2021) NE 3 (2019–2020) MA 3 (1983–1995) OK 3 (1997–2013) TN 3 (1999–2017) NC 2 (1993–2004) PA 2 (2006–2017) VA 2 (2022–2024)

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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