technical and harmless violation (California) · Go Syfert
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technical and harmless violation in California

5 California opinions name it 2 courts 2009–2016 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.

Followed or applied (1)

CaseFollowedCited
Crosby v. Schwartzgreen
ca9 · 2012 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013(Id. at p. 877.) 19. defendant who has provided law enforcement authorities with accurate information regarding his or her current address and has generally demonstrated a good faith effort to comply with the sex offender registration requirements but who, through a negligent oversight, has failed to affirmatively confirm the continued accuracy of his or her existing registration information by updating the information each year within five working days of his or her birthday.” (Coley, supra, 55 Cal.4th at p. 551 ; see also Id. at pp. 544-550.) The Court also recognized other decisions in whic

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 (3)

CaseCitedYears
People v. Carmony green
calctapp · 2005
2 sentences

2016Observing that “because defendant did not evade or intend to evade law enforcement officers, his offense was the most technical and harmless violation of the registration law we have seen” ([Carmony II, supra,] 127 Cal.App.4th at p. 1078 ), the majority opinion in Carmony II concluded that, notwithstanding the defendant’s record of serious prior offenses, the imposition of a 25-year-to-life sentence was grossly disproportionate to the gravity of the defendant’s offenses and violated the constitutional prohibition of cruel and/or unusual punishment.” ( Coley, supra, 55 Cal.4th at pp. 529-530.)

2014For example, in People v. Carmony (2005) 127 Cal.App.4th 1066, 1078 , the Court of Appeal described defendant's triggering offense, failing to adequately register as a sex offender, as "the most technical and harmless violation of the registration law we have seen." In contrast, True's current conviction for active gang participation (§ 186.22, subd. (a)) based on a gang-related assault was far from "technical" or "harmless." 17 In Ramirez v. Castro (9th Cir. 2004) 365 F.3d 755 , the defendant's prior criminal record was "comprised solely of two 1991 convictions for second-degree robbery" (id.

42009–2016
In re Coley green
cal · 2012
2 sentences

2016Observing that “because defendant did not evade or intend to evade law enforcement officers, his offense was the most technical and harmless violation of the registration law we have seen” ([Carmony II, supra,] 127 Cal.App.4th at p. 1078 ), the majority opinion in Carmony II concluded that, notwithstanding the defendant’s record of serious prior offenses, the imposition of a 25-year-to-life sentence was grossly disproportionate to the gravity of the defendant’s offenses and violated the constitutional prohibition of cruel and/or unusual punishment.” ( Coley, supra, 55 Cal.4th at pp. 529-530.)

2016(Coley, supra, 55 Cal.4th at p. 530 .) The Court reasoned: “The conduct of petitioner in this case, as found by the trial court, is clearly distinguishable in a significant respect from the conduct of the defendant in Carmony II.

12016–2016
Isaac Ramirez v. R.A. Castro, Warden green
ca9 · 2004
1 sentence

2014For example, in People v. Carmony (2005) 127 Cal.App.4th 1066, 1078 , the Court of Appeal described defendant's triggering offense, failing to adequately register as a sex offender, as "the most technical and harmless violation of the registration law we have seen." In contrast, True's current conviction for active gang participation (§ 186.22, subd. (a)) based on a gang-related assault was far from "technical" or "harmless." 17 In Ramirez v. Castro (9th Cir. 2004) 365 F.3d 755 , the defendant's prior criminal record was "comprised solely of two 1991 convictions for second-degree robbery" (id.

12014–2014

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