Opinion

People v. Lang

  • 49 Cal. 3d 991
  • 264 Cal. Rptr. 386
  • 782 P.2d 627
  • 1989 Cal. LEXIS 2094
Court
California Supreme Court
Filed
Dec 7, 1989
Status
Published
Author
Broussard
On the bench
Kaufman, Mosk, Broussard
Cited by
351 cases

Abrogated on other grounds by People v. Diaz, 60 Cal. 4th 1176 (2015)

noting that prosecutor’s “urging use of evidence for a purpose other than the limited purpose for which it was admitted is improper argument”

How later courts described this case

  • noting that prosecutor’s “urging use of evidence for a purpose other than the limited purpose for which it was admitted is improper argument”
  • restating prior decisions of California courts for the proposition that the right to a public trial can be waived by a failure to object, and holding that defense counsel waived the appellant's claim of a denial of the right to a public trial by agreeing at trial to the exclusion of the public from a reading of certain trial testimony to the jury during its deliberations
  • finding no ineffective assistance where trial counsel agrees to defendant’s request not to call his grandmother in mitigation hearing, reasoning that client has the final say
  • abrogated on other grounds by People v. Diaz, 60 Cal. 4th 1176 (2015)

Written by the judges who cited it.

Later courts went against this

  • Abrogated on other grounds by People v. Diaz, 60 Cal. 4th 1176 (2015)

    49 Cal.3d 991, 1041-1042 , abrogated on other grounds by People v. Diaz (2015) 60 Cal.4th 1176, 1190
    California Supreme CourtApr 6, 201517 citing opinionsother groundsRead it

Distinguished

  • Distinguished by People v. Diaz, 3 Cal. 4th 495 (1992)

    Defendant argues that People v. Bloom, supra, 48 Cal.3d 1194, and People v. Lang, supra, 49 Cal.3d 991 are distinguishable.
    California Supreme CourtAug 31, 1992Read it
  • Distinguished by People v. Crew, 1 Cal. App. 4th 1591 (1991)

    Lang, supra, 49 Cal.3d 991, 1044) that a judge performed his duties in accordance with law are inapposite as they are rebutted by the record.
    California Court of AppealDec 23, 1991Read it

The opinion

BROUSSARD, J., Concurring and Dissenting.

I agree generally with the views expressed by Justice Mosk in his concurring and dissenting opinion.

Appellant’s petition for a rehearing was denied February 1, 1990. Mosk, J., and Broussard, J., were of the opinion that the petition should be granted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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