Opinion

People v. Brigham

  • 25 Cal. 3d 283
  • 157 Cal. Rptr. 905
  • 599 P.2d 100
  • 1979 Cal. LEXIS 307
Court
California Supreme Court
Filed
Sep 7, 1979
Status
Published
Author
Newman
On the bench
Newman, Bird, Mosk
Cited by
94 cases

indicating that instructions on reasonable doubt that deviate from California’s standard instruction are often erroneous

How later courts described this case

  • indicating that instructions on reasonable doubt that deviate from California’s standard instruction are often erroneous
  • explaining at length the problems with moral certainty
  • “Moral certainty” has “drawn . . . scholarly and judicial criticism over the years”

Written by the judges who cited it.

The opinion

NEWMAN, J.

I dissent because I do not believe that traditional boundaries of the right to oral argument are the same as the boundaries that the California Constitution prescribes.

From part II of the 1979 Annual Report of the Judicial Council we learn that “total filings” in the Courts of Appeal were 6,411 in 1967-1968, 13,018 in 1977-1978. In this court the parallel totals were 2,959 and 3,881. . ., (See pp. 47 and 43.)

X? Do not those and related statistics suggest that in this state the work of appellate judges may be suffering because of a serious overload? Many improvements will be essential, I think. It would be unfortunate if needed experiments and reforms were blocked by archaic assumptions as to how, in fact, oral argument most efficiently helps promote justice.

Appellant’s petition for a rehearing was denied October 18, 1979. . Clark, J., and Newman, 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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