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5 California opinions name it 2 courts 1970–2008 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 |
|---|---|---|
Thornton v. Dennis M.green2 sentences1972The courts have created the defense as a control on illegal police conduct ‘out of regard for [the court’s] own dignity, and in the exercise of its power and the performance of its duty to formulate and apply proper standards for judicial enforcement of the criminal law.’ (People v. Benford, supra, 53 Cal.2d 1, 9 [ 345 P.2d 928 ].) Moreover, this court acknowledged the continuing validity of the rule of the Valverde case in In re Dennis M. (1969) 70 Cal.2d 444, 457, fn. 10 [ 75 Cal.Rptr. 1 , 450 P.2d 296 ]. 3 ” The rale of Winship is not contrary to the rale of Moran. 1972The courts have created the defense as a control on illegal police conduct ‘out of regard for [the court’s] own dignity, and in the exercise of its power and the performance of its duty to formulate and apply proper standards for judicial enforcement of the criminal law.’ (People v. Benford, supra, 53 Cal.2d 1, 9 [ 345 P.2d 928 ].) Moreover, this court acknowledged the continuing validity of the rule of the Valverde case in In re Dennis M. (1969) 70 Cal.2d 444, 457, fn. 10 [ 75 Cal.Rptr. 1 , 450 P.2d 296 ]. 3 ” The rale of Winship is not contrary to the rale of Moran. | 3 | 3 |
People v. Benfordgreen2 sentences1972The courts have created the defense as a control on illegal police conduct ‘out of regard for [the court’s] own dignity, and in the exercise of its power and the performance of its duty to formulate and apply proper standards for judicial enforcement of the criminal law.’ (People v. Benford, supra, 53 Cal.2d 1, 9 [ 345 P.2d 928 ].) Moreover, this court acknowledged the continuing validity of the rule of the Valverde case in In re Dennis M. (1969) 70 Cal.2d 444, 457, fn. 10 [ 75 Cal.Rptr. 1 , 450 P.2d 296 ]. 3 ” The rale of Winship is not contrary to the rale of Moran. 1972The courts have created the defense as a control on illegal police conduct ‘out of regard for [the court’s] own dignity, and in the exercise of its power and the performance of its duty to formulate and apply proper standards for judicial enforcement of the criminal law.’ (People v. Benford, supra, 53 Cal.2d 1, 9 [ 345 P.2d 928 ].) Moreover, this court acknowledged the continuing validity of the rule of the Valverde case in In re Dennis M. (1969) 70 Cal.2d 444, 457, fn. 10 [ 75 Cal.Rptr. 1 , 450 P.2d 296 ]. 3 ” The rale of Winship is not contrary to the rale of Moran. | 1 | 3 |
Parker v. Mortongreen2 sentences1989The various public policy reasons giving rise to this exception were pointed out in a dissenting opinion *1214 in Parker v. Morton (1981) 117 Cal.App.3d 751, 767-768 [ 173 Cal.Rptr. 197 ]: “There are sound policy reasons supporting the rule that the first attorney has no right of indemnity from the second. 1989The various public policy reasons giving rise to this exception were pointed out in a dissenting opinion *1214 in Parker v. Morton (1981) 117 Cal.App.3d 751, 767-768 [ 173 Cal.Rptr. 197 ]: “There are sound policy reasons supporting the rule that the first attorney has no right of indemnity from the second. | 1 | 1 |
People v. Kiihoagreen2 sentences1970The courts have created the defense as a control on illegal police conduct "out of regard for [the court's] own dignity, and in the exercise of its *761 power and the performance of its duty to formulate and apply proper standards for judicial enforcement of the criminal law." ( People v. Benford, supra, 53 Cal.2d 1, 9 .) Moreover, this court acknowledged the continuing validity of the rule of the Valverde case in In re Dennis M. (1969) 70 Cal.2d 444, 457, fn. 10 [ 75 Cal. Rptr. 1 , 450 P.2d 296 ]. [3] Defendant's contention that the trial court did not instruct the jury that a third party inf 1970The courts have created the defense as a control on illegal police conduct "out of regard for [the court's] own dignity, and in the exercise of its *761 power and the performance of its duty to formulate and apply proper standards for judicial enforcement of the criminal law." ( People v. Benford, supra, 53 Cal.2d 1, 9 .) Moreover, this court acknowledged the continuing validity of the rule of the Valverde case in In re Dennis M. (1969) 70 Cal.2d 444, 457, fn. 10 [ 75 Cal. Rptr. 1 , 450 P.2d 296 ]. [3] Defendant's contention that the trial court did not instruct the jury that a third party inf | 1 | 1 |
People v. Perezgreen2 sentences1970To prevent such an abuse the People, when asked on cross-examination, must disclose the identity of the informer or incur a dismissal. ( People v. Perez (1965) 62 Cal.2d 769, 773 [ 44 Cal. Rptr. 326 , 401 P.2d 934 ].) (7) In the present case, however, defendant knew the informer, who was a participant in the sale. 1970To prevent such an abuse the People, when asked on cross-examination, must disclose the identity of the informer or incur a dismissal. ( People v. Perez (1965) 62 Cal.2d 769, 773 [ 44 Cal. Rptr. 326 , 401 P.2d 934 ].) (7) In the present case, however, defendant knew the informer, who was a participant in the sale. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Mower
green
1 sentence2008Thus, the defense of entrapment does not bear on the defendant's conduct in any way, but solely on the conduct of the police." ( Mower, supra , 28 Cal.4th at pp. 478-481 , fns. omitted.) McFearson argues that his claim of self-defense goes to the elements of the crime, and thus is required to be proven only to the extent the defense raises a reasonable doubt about his guilt. | 1 | 2008–2008 |
In Re WINSHIP
green
2 sentences1972The courts have created the defense as a control on illegal police conduct . . . .” (People v. Moran, supra, at p. 760 .) Since entrapment is not an element of the corpus delicti of all crimes, then the absence of entrapment is not a “fact necessary to constitute the crime.” (In re Winship, supra, at p. 364 [ 25 L.Ed.2d at p. 375 ].) The judgment is affirmed. 1972In Winship (decided two months after Morari was decided), the court wrote that “the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.” (Id., at p. 364 [ 25 L.Ed.2d at p. 375 ].) However, quite apart from the constitutional requirement that each element *355 of the corpus delicti of any crime be proved beyond a reasonable doubt, there exist “special defenses which are not elements of the crime . . .; among these is entrapment.” (People v. Valverde, supra, at p. 324 , ci | 1 | 1972–1972 |
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.