frequency principle (California) · Go Syfert
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frequency principle in California

5 California opinions name it 2 courts 1979–2023 1 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
People v. Sedenogreen
cal · 1974 · cited in 3 California opinions naming this issue, 1979–2014
2 sentences

2014(Cf. People v. Sedeno (1974) 10 Cal.3d 703, 715 [" 'It is settled that in criminal cases, even in the absence of a request, the trial court must instruct on the general principles of law relevant to the issues raised by the evidence. [Citations.] The general principles of law governing the case are those principles closely and openly connected with the facts before the court, and which are necessary for the jury's understanding of the case.' [Citation.]"].) To conclude otherwise allows the possibility that a defendant may stand convicted of an offense merely because the facts of the defendant'

2013(Cf. People v. Sedeno (1974) 10 Cal.3d 703, 715 [" 'It is settled that in criminal cases, even in the absence of a request, the trial court must instruct on the general principles of law relevant to the issues raised by the evidence. [Citations.] The general principles of law governing the case are those principles closely and openly connected with the facts before the court, and which are necessary for the jury's understanding of the case.' [Citation.]"].) To conclude otherwise allows the possibility that a defendant may stand convicted of an offense merely because the facts of the defendant'

23
United States v. Bos. Heart Diagnostics Corp.green
cadc · 2017 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023Groat v. Boston Heart Diagnostics Corporation (D.D.C. 2017) 296 F.Supp.3d 155, 159 [concluding “a laboratory cannot and is not required to determine medical necessity, but rather is permitted to rely on the ordering physician’s determination that the laboratory tests billed . . . are medically necessary”].) Nor could the frequency of the test requests on Tonti’s urine provide a basis for reasonably inferring that the laboratories knew or should have known that they were requesting reimbursement for testing that was not medically necessary, given the lack of evidence in the record suggesting th

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 (1)

CaseCitedYears
Waite v. Waite green
cal · 1972
2 sentences

2007The idea that varying compensation over a career should not be taken into account in the pension-division process seems to have made its first appearance in a published case in 1972 when the California Supreme Court decided Waite v. Waite (1972) 6 Cal.3d 461 [ 99 Cal.Rptr. 325 , 492 P.2d 13 ] (Waite), 15 a case that did not even involve apportionment since the pension there resulted entirely from employment during marriage, i.e., it was entirely community property.

2007The idea that varying compensation over a career should not be taken into account in the pension-division process seems to have made its first appearance in a published case in 1972 when the California Supreme Court decided Waite v. Waite (1972) 6 Cal.3d 461 [ 99 Cal.Rptr. 325 , 492 P.2d 13 ] (Waite), 15 a case that did not even involve apportionment since the pension there resulted entirely from employment during marriage, i.e., it was entirely community property.

12007–2007

Statutes the citing opinions construe

CA § Cal. Penal Code § 187 (3)

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

WI 51 (1981–2026) NJ 13 (1992–2007) CA 5 (1979–2023) UT 5 (2019–2025) TX 5 (1998–2023) CO 4 (2014–2017) NH 4 (2023–2025) AK 2 (1995–2010) FL 2 (1996–2001) CT 2 (1996–1997) PA 2 (2013–2017)

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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