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5 California opinions name it 2 courts 1970–2017 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. Barnumgreen2 sentences2017(See, e.g., People v. Cervantes (1978) 87 Cal.App.3d 281, 287 [ 150 Cal.Rptr. 819 ] (Cervantes) [In this context, courts must navigate “ ‘between the Scylla of denying a defendant the right to determine his own fate and the Charybdis of violating his right to counsel by acceptance of an ineffectual waiver’ ”], disapproved on another ground in People v. Barnum (2003) 29 Cal.4th 1210, 1219, fn. 1, 1222-1225 [ 131 Cal.Rptr.2d 499 , 64 P.3d 788 ].) And, although the granting of a Faretta motion based on incomplete warnings can arguably be considered prejudicial per se because it results in an unkn 2017(See, e.g., People v. Cervantes (1978) 87 Cal.App.3d 281, 287 [ 150 Cal.Rptr. 819 ] (Cervantes) [In this context, courts must navigate “ ‘between the Scylla of denying a defendant the right to determine his own fate and the Charybdis of violating his right to counsel by acceptance of an ineffectual waiver’ ”], disapproved on another ground in People v. Barnum (2003) 29 Cal.4th 1210, 1219, fn. 1, 1222-1225 [ 131 Cal.Rptr.2d 499 , 64 P.3d 788 ].) And, although the granting of a Faretta motion based on incomplete warnings can arguably be considered prejudicial per se because it results in an unkn | 3 | 3 |
People v. Cervantesgreen2 sentences2017(See, e.g., People v. Cervantes (1978) 87 Cal.App.3d 281, 287 [ 150 Cal.Rptr. 819 ] (Cervantes) [In this context, courts must navigate “ ‘between the Scylla of denying a defendant the right to determine his own fate and the Charybdis of violating his right to counsel by acceptance of an ineffectual waiver’ ”], disapproved on another ground in People v. Barnum (2003) 29 Cal.4th 1210, 1219, fn. 1, 1222-1225 [ 131 Cal.Rptr.2d 499 , 64 P.3d 788 ].) And, although the granting of a Faretta motion based on incomplete warnings can arguably be considered prejudicial per se because it results in an unkn 2017(See, e.g., People v. Cervantes (1978) 87 Cal.App.3d 281, 287 [ 150 Cal.Rptr. 819 ] (Cervantes) [In this context, courts must navigate “ ‘between the Scylla of denying a defendant the right to determine his own fate and the Charybdis of violating his right to counsel by acceptance of an ineffectual waiver’ ”], disapproved on another ground in People v. Barnum (2003) 29 Cal.4th 1210, 1219, fn. 1, 1222-1225 [ 131 Cal.Rptr.2d 499 , 64 P.3d 788 ].) And, although the granting of a Faretta motion based on incomplete warnings can arguably be considered prejudicial per se because it results in an unkn | 2 | 2 |
People v. Scottgreen2 sentences1997(Id. at p. 590; see also People v. Scott (1994) 9 Cal.4th 331, 353 [ 36 Cal.Rptr.2d 627 , 885 P.2d 1040 ] [because defects are easily prevented or corrected if called to court’s attention, such a rule will result in fewer errors and will preserve judicial resources necessary to correct them]; People v. Walker (1991) 54 Cal.3d 1013, 1023 [ 1 Cal.Rptr.2d 902 , 819 P.2d 861 ] [purpose of rule is to encourage defendant to bring errors to trial court’s attention for correction and fair trial].) Like defendant’s claim of an ineffectual waiver of the right to jury trial, the defendant’s claim in Saun 1997(Id. at p. 590; see also People v. Scott (1994) 9 Cal.4th 331, 353 [ 36 Cal.Rptr.2d 627 , 885 P.2d 1040 ] [because defects are easily prevented or corrected if called to court’s attention, such a rule will result in fewer errors and will preserve judicial resources necessary to correct them]; People v. Walker (1991) 54 Cal.3d 1013, 1023 [ 1 Cal.Rptr.2d 902 , 819 P.2d 861 ] [purpose of rule is to encourage defendant to bring errors to trial court’s attention for correction and fair trial].) Like defendant’s claim of an ineffectual waiver of the right to jury trial, the defendant’s claim in Saun | 1 | 1 |
People v. Walkergreen2 sentences1997(Id. at p. 590; see also People v. Scott (1994) 9 Cal.4th 331, 353 [ 36 Cal.Rptr.2d 627 , 885 P.2d 1040 ] [because defects are easily prevented or corrected if called to court’s attention, such a rule will result in fewer errors and will preserve judicial resources necessary to correct them]; People v. Walker (1991) 54 Cal.3d 1013, 1023 [ 1 Cal.Rptr.2d 902 , 819 P.2d 861 ] [purpose of rule is to encourage defendant to bring errors to trial court’s attention for correction and fair trial].) Like defendant’s claim of an ineffectual waiver of the right to jury trial, the defendant’s claim in Saun 1997(Id. at p. 590; see also People v. Scott (1994) 9 Cal.4th 331, 353 [ 36 Cal.Rptr.2d 627 , 885 P.2d 1040 ] [because defects are easily prevented or corrected if called to court’s attention, such a rule will result in fewer errors and will preserve judicial resources necessary to correct them]; People v. Walker (1991) 54 Cal.3d 1013, 1023 [ 1 Cal.Rptr.2d 902 , 819 P.2d 861 ] [purpose of rule is to encourage defendant to bring errors to trial court’s attention for correction and fair trial].) Like defendant’s claim of an ineffectual waiver of the right to jury trial, the defendant’s claim in Saun | 1 | 1 |
People v. Kellettgreen2 sentences1970(People v. Feeley, 179 Cal.App.2d 100, 106 [ 3 Cal.Rptr. 529 ]; People v. Kranhouse, 265 Cal.App.2d 440, 447 [ 71 Cal.Rptr. 223 ]; People v. Kellett, 1 Cal.App.3d 704, 711 [ 81 Cal.Rptr. 917 ].) If his waiver of his right to counsel was not a competent or intelligent decision, such must be established by a preponderance of the evidence. 1970(People v. Feeley, 179 Cal.App.2d 100, 106 [ 3 Cal.Rptr. 529 ]; People v. Kranhouse, 265 Cal.App.2d 440, 447 [ 71 Cal.Rptr. 223 ]; People v. Kellett, 1 Cal.App.3d 704, 711 [ 81 Cal.Rptr. 917 ].) If his waiver of his right to counsel was not a competent or intelligent decision, such must be established by a preponderance of the evidence. | 1 | 1 |
People v. Kranhousegreen2 sentences1970(People v. Feeley, 179 Cal.App.2d 100, 106 [ 3 Cal.Rptr. 529 ]; People v. Kranhouse, 265 Cal.App.2d 440, 447 [ 71 Cal.Rptr. 223 ]; People v. Kellett, 1 Cal.App.3d 704, 711 [ 81 Cal.Rptr. 917 ].) If his waiver of his right to counsel was not a competent or intelligent decision, such must be established by a preponderance of the evidence. 1970(People v. Feeley, 179 Cal.App.2d 100, 106 [ 3 Cal.Rptr. 529 ]; People v. Kranhouse, 265 Cal.App.2d 440, 447 [ 71 Cal.Rptr. 223 ]; People v. Kellett, 1 Cal.App.3d 704, 711 [ 81 Cal.Rptr. 917 ].) If his waiver of his right to counsel was not a competent or intelligent decision, such must be established by a preponderance of the evidence. | 1 | 1 |
People v. Feeleygreen2 sentences1970(People v. Feeley, 179 Cal.App.2d 100, 106 [ 3 Cal.Rptr. 529 ]; People v. Kranhouse, 265 Cal.App.2d 440, 447 [ 71 Cal.Rptr. 223 ]; People v. Kellett, 1 Cal.App.3d 704, 711 [ 81 Cal.Rptr. 917 ].) If his waiver of his right to counsel was not a competent or intelligent decision, such must be established by a preponderance of the evidence. 1970(People v. Feeley, 179 Cal.App.2d 100, 106 [ 3 Cal.Rptr. 529 ]; People v. Kranhouse, 265 Cal.App.2d 440, 447 [ 71 Cal.Rptr. 223 ]; People v. Kellett, 1 Cal.App.3d 704, 711 [ 81 Cal.Rptr. 917 ].) If his waiver of his right to counsel was not a competent or intelligent decision, such must be established by a preponderance of the evidence. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. George P. Salemo
green
2 sentences2017(See, e.g., People v. Cervantes (1978) 87 Cal.App.3d 281, 287 [ 150 Cal.Rptr. 819 ] (Cervantes) [In this context, courts must navigate “ ‘between the Scylla of denying a defendant the right to determine his own fate and the Charybdis of violating his right to counsel by acceptance of an ineffectual waiver’ ”], disapproved on another ground in People v. Barnum (2003) 29 Cal.4th 1210, 1219, fn. 1, 1222-1225 [ 131 Cal.Rptr.2d 499 , 64 P.3d 788 ].) And, although the granting of a Faretta motion based on incomplete warnings can arguably be considered prejudicial per se because it results in an unkn 2017(See, e.g., People v. Cervantes (1978) 87 Cal.App.3d 281, 287 (Cervantes) [In this context, courts must navigate “between the Scylla of denying a defendant the right to determine his own fate and the Charybdis of violating his right to counsel by acceptance of an ineffectual waiver”], disapproved on another ground in People v. Barnum (2003) 29 Cal.4th 1210, 1219, fn. 1, 1222-1225 .) And, although the granting of a Faretta motion based on incomplete warnings can arguably be considered prejudicial per se because it results in an unknowing waiver of counsel (and thus a “denial” of counsel), we ob | 2 | 2017–2017 |
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.