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5 California opinions name it 1 courts 1965–1975 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 |
|---|---|---|
United States v. O'Briengreen2 sentences1975In rejecting the defendant’s contention that his conduct was protected by the First Amendment, the court applied a four-point test which it stated thus: “. . . we think it clear that a government regulation is sufficiently justified if it is within the constitutional power of the Government; if it furthers an important or substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest.” ( 391 U.S. at p. 377 1975In rejecting the defendant’s contention that his conduct was protected by the First Amendment, the court applied a four-point test which it stated thus: “. . . we think it clear that a government regulation is sufficiently justified if it is within the constitutional power of the Government; if it furthers an important or substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest.” ( 391 U.S. at p. 377 | 1 | 1 |
People v. Woodberrygreen2 sentences1968The Miranda standard is stated in different language.” (People v. Woodberry, 265 Cal.App.2d 351, 356 [ 71 Cal.Rptr. 165 ].) Nothing is said about determining whether there was a process of interrogation designed to elicit incriminating statements. 1968The Miranda standard is stated in different language.” (People v. Woodberry, 265 Cal.App.2d 351, 356 [ 71 Cal.Rptr. 165 ].) Nothing is said about determining whether there was a process of interrogation designed to elicit incriminating statements. | 1 | 1 |
People v. Nunngreen2 sentences1965(People v. Nunn, 46 Cal.2d 460, 471 [ 296 P.2d 813 ]; People v. Braddock, 41 Cal.2d 794, 802 [ 264 P.2d 521 ].) In appellant’s second case, No. 274,357, however, the Dorado decision appears fully operative. 1965(People v. Nunn, 46 Cal.2d 460, 471 [ 296 P.2d 813 ]; People v. Braddock, 41 Cal.2d 794, 802 [ 264 P.2d 521 ].) In appellant’s second case, No. 274,357, however, the Dorado decision appears fully operative. | 1 | 1 |
People v. Braddockgreen2 sentences1965(People v. Nunn, 46 Cal.2d 460, 471 [ 296 P.2d 813 ]; People v. Braddock, 41 Cal.2d 794, 802 [ 264 P.2d 521 ].) In appellant’s second case, No. 274,357, however, the Dorado decision appears fully operative. 1965(People v. Nunn, 46 Cal.2d 460, 471 [ 296 P.2d 813 ]; People v. Braddock, 41 Cal.2d 794, 802 [ 264 P.2d 521 ].) In appellant’s second case, No. 274,357, however, the Dorado decision appears fully operative. | 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. Dorado
green
2 sentences1968In answer to the second argument urged by the People—that there was no process of interrogation, “The Miranda decision does not readopt the four-point test of Escobedo [ 378 U.S. 478 ( 12 L.Ed.2d 977 , 84 S.Ct. 1758 )] and Dorado [ 62 Cal.2d 338 ( 42 Cal.Rptr. 169 , 398 P.2d 361 )]. 1968In answer to the second argument urged by the People—that there was no process of interrogation, “The Miranda decision does not readopt the four-point test of Escobedo [ 378 U.S. 478 ( 12 L.Ed.2d 977 , 84 S.Ct. 1758 )] and Dorado [ 62 Cal.2d 338 ( 42 Cal.Rptr. 169 , 398 P.2d 361 )]. | 2 | 1965–1968 |
Mathis v. United States
green
1 sentence1968The Supreme Court pointed out that there was always the possibility that the investigation would result in criminal prosecution, and concluded: “We reject the contention that tax investigations are immune from the Miranda requirements for warnings to be given a person in custody. ’ ’ ( 20 L.Ed.2d at p. 385 .) It is noteworthy that the Supreme *356 Court apparently accepted the government’s statement that at the time Mathis’ statements were made, the case was no more than ‘ ‘ a routine tax investigation. ’ ’ The Miranda decision does not readopt the four-point test of Escobedo and Dorado . | 1 | 1968–1968 |
Escobedo v. Illinois
green
2 sentences1968In answer to the second argument urged by the People—that there was no process of interrogation, “The Miranda decision does not readopt the four-point test of Escobedo [ 378 U.S. 478 ( 12 L.Ed.2d 977 , 84 S.Ct. 1758 )] and Dorado [ 62 Cal.2d 338 ( 42 Cal.Rptr. 169 , 398 P.2d 361 )]. 1968In answer to the second argument urged by the People—that there was no process of interrogation, “The Miranda decision does not readopt the four-point test of Escobedo [ 378 U.S. 478 ( 12 L.Ed.2d 977 , 84 S.Ct. 1758 )] and Dorado [ 62 Cal.2d 338 ( 42 Cal.Rptr. 169 , 398 P.2d 361 )]. | 1 | 1968–1968 |
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.