Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
5 California opinions name it 2 courts 1976–2016 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.
| Case | Followed | Cited |
|---|---|---|
People v. Wileygreen2 sentences2016The contrary is usually the rule.‖ (Wiley, supra, 18 Cal.3d at p. 175 .) An instruction on the effect to be given circumstantial evidence is not required simply because the defendant‘s mental state ―had to be inferred from the circumstances‖ of the crime. 2015The contrary is usually the rule.” ( Wiley, supra, 18 Cal.3d at p. 175.) An instruction on the effect to be given circumstantial evidence is not required simply because the defendant’s mental state ‘“had to be inferred from the circumstances” of the crime. | 2 | 4 |
People v. Dunklered2 sentences2016The contrary is usually the rule.‖ (Wiley, supra, 18 Cal.3d at p. 175 ; see Dunkle, supra, 36 Cal.4th at p. 928 .) The circumstantial evidence at issue must be both substantially relied upon by the prosecution and support at least one interpretation pointing to innocence. 2016The contrary is usually the rule.‖ (Wiley, supra, 18 Cal.3d at p. 175 ; see Dunkle, supra, 36 Cal.4th at p. 928 .) The circumstantial evidence at issue must be both substantially relied upon by the prosecution and support at least one interpretation pointing to innocence. | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Malbrough
green
2 sentences1979The contrary is usually the rule.” ( 18 Cal.3d at p. 175 ; italics added.) *794 In support of its position, the Wiley court cited People v. Malbrough, supra, 55 Cal.2d 249 , People v. Gould (1960) 54 Cal.2d 621 [ 7 Cal.Rptr. 273 , 354 P.2d 865 ], and other cases. 1976Thus, in People v. Malbrough (1961) 55 Cal.2d 249 [ 10 Cal.Rptr. 632 , 359 P.2d 30 ], we held that the instruction was not necessary where the evidence of the defendant’s guilt of grand theft was primarily direct evidence given by eyewitnesses who observed defendant as he restrained the victim while his codefendant reached first into the victim’s pockets and then into his own pocket in which a wad of bills was later found. | 2 | 1976–1979 |
People v. Gould
red
2 sentences1979The contrary is usually the rule.” ( 18 Cal.3d at p. 175 ; italics added.) *794 In support of its position, the Wiley court cited People v. Malbrough, supra, 55 Cal.2d 249 , People v. Gould (1960) 54 Cal.2d 621 [ 7 Cal.Rptr. 273 , 354 P.2d 865 ], and other cases. 1979The contrary is usually the rule.” ( 18 Cal.3d at p. 175 ; italics added.) *794 In support of its position, the Wiley court cited People v. Malbrough, supra, 55 Cal.2d 249 , People v. Gould (1960) 54 Cal.2d 621 [ 7 Cal.Rptr. 273 , 354 P.2d 865 ], and other cases. | 1 | 1979–1979 |