Characterizing defendant (California) · Go Syfert
← California issues

Characterizing defendant in California

5 California opinions name it 2 courts 1994–2022 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.

Followed or applied (2)

CaseFollowedCited
Doe v. Harrisgreen
cal · 2013 · cited in 1 California opinions naming this issue, 2016–2016
1 sentence

2016The court took issue with defendant’s representation that, at the time he negotiated his plea, he “was informed by his attorney and the paperwork from the court,” that he could later apply for section 1203.4 relief, finding the record at the time of the plea revealed the parties “contemplated a state prison sentence for which no [section] 1203.4 relief would have been available,” and “defendant agreed[] to plead to the charge knowing that he was facing a state prison sentence.” With regard to the issue of retroactivity of statutory amendments made after entry of the plea, the court’s order ide

11
Parker v. Bowrongreen
cal · 1953 · cited in 1 California opinions naming this issue, 1994–1994
2 sentences

1994(Parker v. Bowron (1953) 40 Cal.2d 344, 351 [ 254 P.2d 6 ].) In making such contention, Pillsbury confuses lack of capacity to sue with lack of right to sue. “[T]he question of standing to sue is different from that of capacity.

1994(Parker v. Bowron (1953) 40 Cal.2d 344, 351 [ 254 P.2d 6 ].) In making such contention, Pillsbury confuses lack of capacity to sue with lack of right to sue. “[T]he question of standing to sue is different from that of capacity.

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 (5)

CaseCitedYears
People v. Fields green
cal · 1983
2 sentences

2022An attorney “ ‘may vigorously argue his case and is not limited to “Chesterfieldian politeness.” ’ ” (People v. Fields (1983) 35 Cal.3d 329, 363 .) And as discussed above, counsel’s characterization of the law was correct.

2021An attorney “ ‘may vigorously argue his case and is not limited to “Chesterfieldian politeness.” ’ ” (People v. Fields (1983) 35 Cal.3d 329, 363 .) And as discussed above, counsel’s characterization of the law was correct. 16 Defendants argue a new trial is warranted on the issue of damages because Chavez’s independent reverse engineering of the SoCal algorithm vitiated some of SoCal’s damages by reducing the period during which the algorithm was entitled to protection.

22021–2022
People v. Ellis green
cal · 1966
2 sentences

2021We conclude that the “single reference” to alleged perjury (People v. Ellis, supra, 65 Cal.2d at p. 540 ) did not rise to the level of “ ‘deceptive or reprehensible methods’ ” that amounted to misconduct (People v. Friend (2009) 47 Cal.4th 1, 29 ), and the prosecutor’s other questions — about defendant’s exaggerated or false MMPI-2 responses and misrepresentation and forgery in her rental application — were proper subjects for cross-examination based on evidence before the jury. 7.

2021“Prosecutors tread on dangerous ground, however, when they resort to epithets to drive home the falsity of defense evidence.” (People v. Ellis (1966) 65 Cal.2d 529, 539 .) Characterizing defendant as a liar and perjurer based on an obscene pager code was questionable; defendant’s testimony on cross-examination, however, raised the possibility that she attempted to falsely deny responsibility for writing a highly inculpatory note to her ex-husband.

12021–2021
People v. Friend green
cal · 2009
1 sentence

2021We conclude that the “single reference” to alleged perjury (People v. Ellis, supra, 65 Cal.2d at p. 540 ) did not rise to the level of “ ‘deceptive or reprehensible methods’ ” that amounted to misconduct (People v. Friend (2009) 47 Cal.4th 1, 29 ), and the prosecutor’s other questions — about defendant’s exaggerated or false MMPI-2 responses and misrepresentation and forgery in her rental application — were proper subjects for cross-examination based on evidence before the jury. 7.

12021–2021
People v. Arata green
calctapp · 2007
1 sentence

2016The court took issue with defendant’s representation that, at the time he negotiated his plea, he “was informed by his attorney and the paperwork from the court,” that he could later apply for section 1203.4 relief, finding the record at the time of the plea revealed the parties “contemplated a state prison sentence for which no [section] 1203.4 relief would have been available,” and “defendant agreed[] to plead to the charge knowing that he was facing a state prison sentence.” With regard to the issue of retroactivity of statutory amendments made after entry of the plea, the court’s order ide

12016–2016
People v. Acuna green
calctapp · 2000
1 sentence

2016The court took issue with defendant’s representation that, at the time he negotiated his plea, he “was informed by his attorney and the paperwork from the court,” that he could later apply for section 1203.4 relief, finding the record at the time of the plea revealed the parties “contemplated a state prison sentence for which no [section] 1203.4 relief would have been available,” and “defendant agreed[] to plead to the charge knowing that he was facing a state prison sentence.” With regard to the issue of retroactivity of statutory amendments made after entry of the plea, the court’s order ide

12016–2016

Where else courts name it

IL 6 (1975–2024) CA 5 (1994–2022) NJ 2 (2011–2021)

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