Case law

People v. Watkins

55 Cal. 4th 999 · California Supreme Court · Dec 17, 2012

Clearly there was “some evidence 37 in the record that, if believed by the jury, would sufficiently support the suggested inference.” (People v. … Presence of motive may tend to establish guilt. Absence of motive may tend to establish innocence.

City of Los Angeles v. Public Utilities Commission

7 Cal. 3d 331 · California Supreme Court · Jun 9, 1972

In other situations, the Legislature has more clearly spelled out the rights of the parties. … To permit the commission to redetermine whether the preexisting rates were unreasonable as of the date of its order and to establish new rates for the purpose of refunds would mean that the commission is establishing rates

People v. Smithey

86 Cal. Rptr. 2d 243 · California Supreme Court · Sep 15, 1999

Coleman to be “ ‘clearly nonprejudicial.’ ” (Id. at p. 731, quoting People v. Babbitt, supra, 45 Cal.3d at p. 700 .) Defendant attempts to distinguish the foregoing decisions on the ground that in the present case Dr. … The court’s exercise of that discretion will not be disturbed on appeal unless the probative value of the photographs clearly is outweighed by their prejudicial effect. [Citations.]’ [Citation.]” (People v.

People v. Taylor

47 Cal. 4th 850 · California Supreme Court · Dec 24, 2009

But the record does not necessarily establish “fabrication.” … “was clearly confused.

People v. Scully

11 Cal. 5th 542 · California Supreme Court · May 24, 2021

A trial court’s decision to admit photographs under Evidence Code section 352 will be upheld on appeal unless the prejudicial effect of such photographs clearly outweighs their probative value.” (People v. … Defendant asserts the trial court erroneously admitted this evidence because a hacksaw blade does not qualify as a “sharp instrument” as contemplated by section 4502, subdivision (a).

People v. Maikhio

51 Cal. 4th 1074 · California Supreme Court · Jun 20, 2011

In terms of actually discovering unlicensed drivers or deterring them from driving, the spot check does not appear sufficiently productive to qualify as a reasonable law enforcement practice under the Fourth Amendment.” … As we have seen, the record establishes that Fleet not only cited defendant for violating the fish and game statutes and regulations, but also that he returned the improperly taken lobster to the ocean, an action that clearly

People v. Thomas

California Supreme Court · Jan 26, 2023

Rather, the jury was clearly told it could consider the other acts evidence on the issue of motive. … Thus, defendant contends, “[t]he overwhelming weight of the evidence established that [defendant] shot Noriega to silence him. The motive for the crime was clearly not robbery.”

People v. Fayed

9 Cal. 5th 147 · California Supreme Court · Apr 2, 2020

Here, the offenses—Pamela’s murder and the federal licensing charge— were clearly not the same. … As we have explained, Smith’s statements were clearly nonhearsay; they were not offered for the truth of the matter stated.

People v. Monterroso

22 Cal. Rptr. 3d 1 · California Supreme Court · Dec 13, 2004

Although many dying declarations may not be testimonial, there is authority for admitting even those that clearly are. [Citations.] … Defendant claims that the foregoing did not establish a criminal offense. We disagree.

Emeric v. Alvarado

90 Cal. 444 · California Supreme Court · Aug 7, 1891

made of the record of the deed, the notice necessarily results by operation of law; *473 but not so upon proof of the possession, for the possession may be taken and held in such various modes, and accompanied by so many qualified … Such matters are within the discretion of the lower court, and this court will not interfere, when such discretion has not been clearly abused. We see no such abuse of discretion here.

Boswell v. Laird

8 Cal. 469 · California Supreme Court · Jul 1, 1857

certain result was contracted forf the mode of construction, the se *490 lection of materials, and the employment of hands, were all entrusted to contractors, who, from their profession, were supposed to be much better qualified … Steinman, with approbation and say, “ this decison is fully supported by the authorities cited, and well established principles.”

Hays v. Wood

25 Cal. 3d 772 · California Supreme Court · Nov 30, 1979

That its underlying bases are at least arguable should immunize the measure from rational relationship attack. "It is not within the competency of the courts to arbitrate in such contrariety." ( Rast v. … While under the act attorneys are not barred from holding office, they clearly suffer significant detriment.

Cates Construction, Inc. v. Talbot Partners

86 Cal. Rptr. 2d 855 · California Supreme Court · Jul 29, 1999

In light of that perceived limited purpose, the court construed bond language that obligated the surety to either complete the project or pay the reasonable costs of completion as “clearly explaining] that the performance … It is firmly established that the insurance policy cases represent “ ‘a major departure from traditional principles of contract law.’ ” (Freeman & Mills, Inc. v.

People v. McDowell

54 Cal. 4th 395 · California Supreme Court · Jun 25, 2012

The rule of these cases, which dealt with the Double Jeopardy Clause, has been thought wise because it protects the societal interest in trying people accused of crime, rather than granting them immunization because of legal … The statutory special circumstances that qualify a defendant for the death penalty (§ 190.2) are not unconstitutionally overbroad. (People v. Lee (2011) 51 Cal.4th 620, 653; People v.

Metromedia, Inc. v. City of San Diego

26 Cal. 3d 848 · California Supreme Court · Apr 14, 1980

Urban residents are not immune to ugliness.” (P. 720.) … Nevertheless, the language and administrative construction of the amended act clearly compel compensation, and local removal of billboards without compensation, even though undertaken to promote public safety and preserve

People v. Johnson

3 Cal. 4th 1183 · California Supreme Court · Nov 30, 1992

Defense counsel asked that two juries be selected: a non-death-qualified jury to decide his guilt or innocence, and a death-qualified jury to determine penalty, if necessary. … death-qualified alternates for regular jurors who could be excluded for their views against the death penalty.

In Re Marriage of Epstein

24 Cal. 3d 76 · California Supreme Court · Apr 12, 1979

See (1966) 64 Cal.2d 778 [ 51 Cal.Rptr. 888 , 415 P.2d 776 ] established a presumption that, unless an agreement between the parties specifies that the contributing party be reimbursed,' a party who utilizes his separate … Although she had earned a Bachelor of Arts degree and expressed a willingness to seek employment, she would need to undertake considerable training before she would be qualified to compete in the job market.

Gospel Army v. City of Los Angeles

27 Cal. 2d 232 · California Supreme Court · Nov 20, 1945

But he should be immune from any more onerous legislative interference, even though to some, his efforts might appear to be misguided. … In the exercise of their power the officials might conclude that an applicant does not qualify merely because of their opinion concerning his particular religious belief and creed.

People v. Griffin

15 Cal. Rptr. 3d 743 · California Supreme Court · Jul 19, 2004

Other evidence could, and did, depict Kelly’s body at the crime scene, but none as clearly or as powerfully as this exhibit. … Ortiz , however, is clearly distinguishable.

Kloepfer v. Commission on Judicial Performance

49 Cal. 3d 826 · California Supreme Court · Nov 27, 1989

The special masters had concluded that wilful misconduct was established by the evidence. E. … However, the record does not establish misconduct in a wilful refusal to obey the writ.