Case law

People v. Keenan

46 Cal. 3d 478 · California Supreme Court · Aug 25, 1988

Had it been available, defendant would not likely have established its “nonlethal” character. … California cases construing these statutes have established that, once a juror’s [inability to perform his duty] is called into question, a hearing to determine the facts is clearly contemplated. [Citations.]

People v. Prince

57 Cal. Rptr. 3d 543 · California Supreme Court · Apr 30, 2007

He was given immunity from prosecution for the burglaries he committed with defendant and for any other crimes he admitted in the course of his *1208 interrogation in the present case. … There was ample evidence establishing that defendant entered each residence with the intent to commit theft, considering defendant’s modus operandi and the other similar burglaries he committed that clearly were theft related

People v. Nelson

1 Cal. 5th 513 · California Supreme Court · Aug 15, 2016

Analysis “A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates.” … Presence of motive may tend to establish guilt. Absence of motive may tend to establish innocence.”

Kasler v. Lockyer

97 Cal. Rptr. 2d 334 · California Supreme Court · Jun 29, 2000

Clearly, we are seeing an escalation in the arms race, and law enforcement is losing.” (1 Assem. J. (1989-1990 Reg. Sess.) p. 439.) Dr. … For example, they might one day have been required to try charges of misfeasance against a county executive they had recommended as qualified. (Abbott v. McNutt, supra, 218 Cal. at p. 230 .)

People v. Coogler

71 Cal. 2d 153 · California Supreme Court · May 28, 1969

Defendant’s other contentions do not establish prejudicial error at the guilt phase. a. … The factors which may tend to establish a defendant’s disability under section 1367, forbidding the trial of a person while insane, do not necessarily coincide with those which would tend to establish that he was insane under

Bank of Italy v. Johnson

200 Cal. 1 · California Supreme Court · Dec 15, 1926

and maintain branch offices in the city and county of San Francisco and elsewhere throughout the state; that on February 1, 1923, the respondent was appointed and became and ever since has been the duly qualified and acting … But when the words are properly given no difference in meaning, the said communication indicates clearly that in the application of the de novo rule the respondent was duly cognizant of his statutory powers and duties under

People v. Slaughter

120 Cal. Rptr. 2d 477 · California Supreme Court · May 30, 2002

It was not required that the corroborative evidence establish every element of the crime. E. … Wrest, supra, 3 Cal.4th 1088, 1107 , in which we clearly condemned the practice of making such biblical references.

People v. Wells

2 Cal. 198 · California Supreme Court · Apr 15, 1852

Here it is admitted that there is a proper officer, elected and qualified to discharge the duties of the office, whose right, if present, would be undisputed. How, then, can the office be said to be vacant ? … So our Constitution has established the same rule; and by law, our Supreme Judges are required to reside in the State.

People v. Farnam

121 Cal. Rptr. 2d 106 · California Supreme Court · Jul 31, 2002

On appeal, defendant contends that Inman was not qualified to render an expert opinion on blood spatters (Evid. … Such arguments clearly were appropriate. (See People v.

People v. Jasso

California Supreme Court · Jun 12, 2025

Background The prosecution granted Benjamin Pinela use immunity so that he would testify about giving Jasso a firearm. … It need not be sufficient to establish every element of the charged offense or to establish the precise facts to which the accomplice testified. [Citations.]

People v. Heard

4 Cal. Rptr. 3d 131 · California Supreme Court · Aug 28, 2003

In sum, the photographs clearly satisfied the relevancy requirement embodied in Evidence Code section 210. … It is evidence which by itself, if found to be true, establishes a fact.

Hines v. Industrial Accident Commission

184 Cal. 1 · California Supreme Court · Oct 4, 1920

That the evidence herein is insufficient to establish as a fact that the proportion of said interstate use exceeded or amounted to thirty per cent of the whole. . . . “ ‘3. … Its principal contention here is “that said award . . . and denial of a rehearing were ... in excess of the jurisdiction of said commission, . . . and in denial of a right, privilege and immunity of this petitioner under

People v. McWhorter

47 Cal. 4th 318 · California Supreme Court · Aug 6, 2009

who first has been properly qualified. … As we earlier observed, Kelly requires as a foundational matter that the reliability of a new scientific technique be established by a properly qualified expert.

People v. Wade

44 Cal. 3d 975 · California Supreme Court · Mar 24, 1988

Clearly, counsel hoped thereby to achieve a similar conversion among the jurors. … “In sum, we find that the words used in section 190.2, subdivision (a)(18) must be understood in light of the established meaning of torture.

People v. Sanders

11 Cal. 4th 475 · California Supreme Court · Nov 20, 1995

Stewart’s statement was admissible for the nonhearsay purpose of establishing her state of mind in August 1980, i.e., her intention to form a conspiracy to rob Bob’s Big Boy, which was clearly relevant to the issue whether … However, California cases construing these statutes have established that, once a juror’s competence is called into question, a hearing to determine the facts is clearly contemplated. . . .

Purdy & Fitzpatrick v. State of California

71 Cal. 2d 566 · California Supreme Court · Jul 1, 1969

the United States for the purpose of performing skilled or unskilled labor shall be excluded unless the Secretary of Labor certifies that there axe not “(A) sufficient workers in the United States who are able, willing, qualified … discrimination for its own sake; and if the state sought truly effective protection-against alien economic competition by extending a prohibition of limitation against all types of alien employment, such a scheme would clearly

People v. Alfaro

63 Cal. Rptr. 3d 433 · California Supreme Court · Aug 6, 2007

Defendant contends that the discussion between the trial court and defense counsel clearly establishes that defendant sought to enter an unconditional plea. … This contention clearly is belied by the record.

Dr. Leevil, LLC v. Westlake Health Care Center

241 Cal. Rptr. 3d 12 · California Supreme Court · Dec 17, 2018

Since it is purely statutory in nature, it is essential that a party seeking the remedy bring himself clearly within the statute.” (Baugh v. Consumers Associates, Ltd. (1966) 241 Cal.App.2d 672, 674.) Because Dr. … Orcilla and the cases on which it relies establish only that Westlake Health could use the unlawful detainer action to litigate whether Dr.

Desny v. Wilder

46 Cal. 2d 715 · California Supreme Court · Jun 28, 1956

It is also to be noted that plaintiff’s concession is qualified by the words “for purposes of argument.” … If the property is private, the right of exclusion may be absolute; if the property is affected with a public interest, the right of exclusion is qualified.

People v. Gentile

272 Cal. Rptr. 3d 814 · California Supreme Court · Dec 17, 2020

(a)(1)) — the crime that Gentile is alleged to have aided and abetted — is a qualifying felony for felony murder purposes. … Against this backdrop, if the Legislature had intended section 1170.95 to apply only to defendants whose convictions had become final, we would expect the Legislature to have clearly said so.