Topic: an aggressor should not receive the benefit of a potential … · Go Syfert
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Topic #13169

7 canonical passages across 6 cases, quoted by 30 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from People v. B.M. (In re B.M.).

#Case FlagCanonical passage Citers
1 People v. B.M. (In re B.M.) Anchor
cal · 2018
green “an aggressor should not receive the benefit of a potential victim fortuitously taking a defensive measure or being removed from harm's way once an assault is already underway.” 6
2 People v. Wall (Randall)
cal · 2017
green “and the trial court had no opportunity to resolve material factual disputes and make necessary factual findings.” 4
3 People v. Caro
cal · 2019
green “will has been overborne and his capacity for self-determination critically impaired” 4
4 People v. Underwood
cal · 1964
green “confessions induced by threats of prosecution for a capital crime have been held inadmissible” 4
5 In re Cameron
cal · 1968
green “held hearings and heard testimony” 4
6 People v. B.M. (In re B.M.)
cal · 2018
green “awareness of facts that would lead a reasonable person to realize that a battery would directly, naturally, and probably result from the defendant's conduct.” 4
7 People v. Bipialaka
calctapp5d · 2019
green “the test for assault is whether a reasonable person, viewing the facts known to bipialaka, would find that the act in question would directly, naturally, and probably result in physical force being applied to another . . . .” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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