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6 California opinions name it 2 courts 1903–2026 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.
| Case | Followed | Cited |
|---|---|---|
People v. Watsongreen1 sentence2026(People v. Gonzalez (2018) 5 Cal.5th 186, 196, 198 ; Breverman, supra, 19 Cal.4th at p. 165 ; see People v. Watson (1956) 46 Cal.2d 818, 837 .) In addition to murder, the trial court instructed the jury on heat-of-passion voluntary manslaughter, which requires a higher degree of culpability than involuntary manslaughter. | 1 | 1 |
People v. Gonzalezgreen1 sentence2026(People v. Gonzalez (2018) 5 Cal.5th 186, 196, 198 ; Breverman, supra, 19 Cal.4th at p. 165 ; see People v. Watson (1956) 46 Cal.2d 818, 837 .) In addition to murder, the trial court instructed the jury on heat-of-passion voluntary manslaughter, which requires a higher degree of culpability than involuntary manslaughter. | 1 | 1 |
Gagosian v. Burdick's Television & Appliancesgreen2 sentences1980As the court stated in Gagosian v. Burdick’s Television & Appliances (1967) 254 Cal.App.2d 316, 318 [ 62 Cal.Rptr. 70 ], “There is neither reason nor justification for compelling a trial judge to act as a sort of advisory or ‘backup’ counsel, with all the frustration of the employed attorneys’ trial strategy and tactics which such a holding could encompass.” The judgment is affirmed. 1980As the court stated in Gagosian v. Burdick’s Television & Appliances (1967) 254 Cal.App.2d 316, 318 [ 62 Cal.Rptr. 70 ], “There is neither reason nor justification for compelling a trial judge to act as a sort of advisory or ‘backup’ counsel, with all the frustration of the employed attorneys’ trial strategy and tactics which such a holding could encompass.” The judgment is affirmed. | 1 | 1 |
People v. Winstongreen2 sentences1967(People v. Winston, 46 Cal.2d 151, 161 [ 293 P.2d 40 ] ; People v. Bowens, supra, at pp. 595-599 .) If it is not reasonably probable that a result more favorable to defendants would have been reached if the court had given this instruction, then the error is not prejudicial or reversible error. 1967(People v. Winston, 46 Cal.2d 151, 161 [ 293 P.2d 40 ] ; People v. Bowens, supra, at pp. 595-599 .) If it is not reasonably probable that a result more favorable to defendants would have been reached if the court had given this instruction, then the error is not prejudicial or reversible error. | 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. Breverman
red
2 sentences2026(People v. Gonzalez (2018) 5 Cal.5th 186, 196, 198 ; Breverman, supra, 19 Cal.4th at p. 165 ; see People v. Watson (1956) 46 Cal.2d 818, 837 .) In addition to murder, the trial court instructed the jury on heat-of-passion voluntary manslaughter, which requires a higher degree of culpability than involuntary manslaughter. 2026(People v. Gonzalez (2018) 5 Cal.5th 186, 196, 198 ; Breverman, supra, 19 Cal.4th at p. 165 ; see People v. Watson (1956) 46 Cal.2d 818, 837 .) In addition to murder, the trial court instructed the jury on heat-of-passion voluntary manslaughter, which requires a higher degree of culpability than involuntary manslaughter. | 1 | 2026–2026 |
Donovan v. RRL Corp.
green
1 sentence2020(See Civ. Code, § 1624, subd. (a); Donovan, supra, 26 Cal.4th at pp. 276-78.) Further, the jury was instructed regarding defendants’ contention they were not obligated to perform because Dicker did not perform all of the things he was required to do under the contract, and still found in favor of the plaintiffs and awarded damages based on the full amount due on the contract. | 1 | 2020–2020 |
People v. Bender
red
2 sentences1979The court, relying on People v. Bender (1945) 27 Cal.2d 164 [ 163 P.2d 8 ] and People v. Yrigoyen, supra, 45 Cal.2d 46 , held it prejudicial to fail to instruct on the effect of circumstantial evidence with regard to the specific intent to commit great bodily injury where the court had given that instruction with respect to the specific intent to permanently deprive the owner of his property. 1979The court, relying on People v. Bender (1945) 27 Cal.2d 164 [ 163 P.2d 8 ] and People v. Yrigoyen, supra, 45 Cal.2d 46 , held it prejudicial to fail to instruct on the effect of circumstantial evidence with regard to the specific intent to commit great bodily injury where the court had given that instruction with respect to the specific intent to permanently deprive the owner of his property. | 1 | 1979–1979 |
People v. Yrigoyen
green
1 sentence1979The court, relying on People v. Bender (1945) 27 Cal.2d 164 [ 163 P.2d 8 ] and People v. Yrigoyen, supra, 45 Cal.2d 46 , held it prejudicial to fail to instruct on the effect of circumstantial evidence with regard to the specific intent to commit great bodily injury where the court had given that instruction with respect to the specific intent to permanently deprive the owner of his property. | 1 | 1979–1979 |
People v. Sutton
green
1 sentence1967(People v. Winston, supra, at p. 161 ; People v. Bowens, supra, at p. 595 .) “The circumstances of each ease must determine whether the failure to give cautionary instructions on the court’s own motion constitutes prejudicial error.” (People v. Sutton, supra, 231 Cal.App.2d 511, 516 .) It is inconceivable under circumstances of this case that the failure to define attempt could have affected the outcome. | 1 | 1967–1967 |
Kauffman v. Maier
green
1 sentence1903On this subject the jury was told that “In considering the evidence as to the oral admissions of the defendant touching the matters involving the offense with which he is charged, you will take into consideration all the statements made by him, whether for or against himself, and give such -statements fair consideration. ’ ’ The only point in the case which calls for any extended notice is based upon the refusal of the court to give the requested - instruction number 19, which is as follows: “The jury is instructed that, in considering the testimony in this case, they, will receive with cautio | 1 | 1903–1903 |
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.