Opinion

In Re Earley

  • 14 Cal. 3d 122
  • 120 Cal. Rptr. 881
  • 534 P.2d 721
  • 1975 Cal. LEXIS 281
Court
California Supreme Court
Filed
May 1, 1975
Status
Published
Author
Clark
On the bench
Burke, Clark, Mosk
Cited by
87 cases
Authority
More cited than 5.4%

Superseded by statute, as recognized in People v. Vines

discussing People v. Thornton, 11 Cal.3d 738, 114 Cal.Rptr. 467, 523 P.2d 267 which stated any substantial asportation by force necessarily exposes the victim to greater risk

How later courts described this case

  • discussing People v. Thornton, 11 Cal.3d 738, 114 Cal.Rptr. 467, 523 P.2d 267 which stated any substantial asportation by force necessarily exposes the victim to greater risk
  • moving victim ten to thirteen city blocks not incidental to robbery
  • increased risk of harm might occur from “an auto accident” or from the victim “attempt[ing] to escape from the moving car or be pushed therefrom”

Written by the judges who cited it.

Later courts went against this

  • Superseded by statute, as recognized in People v. Vines

    14 Cal.3d 122, 131 , superseded by statute on other grounds as stated in Vines, supra, 51 Cal.4th at p. 869
    California Supreme CourtMay 19, 2011by statuteother groundsmedium confidenceRead it

The opinion

CLARK, J.

I concur in the judgment and opinion of the court except insofar as it distinguishes People v. Timmons (1971) 4 Cal.3d 411 [ 93 Cal.Rptr. 736 , 482 P.2d 648 ] as to the “risk of harm” factor. (Ante, p. 132.) Timmons should simply be overruled.

McComb, J., concurred.

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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