Case law

O.G. v. Super. Ct.

California Supreme Court · Feb 25, 2021

SUPERIOR COURT Opinion of the Court by Groban, J. 15 year old was alleged to have committed a qualifying offense].) … Instead, Proposition 57 was clearly aimed at providing the “ ‘ “ameliorating benefits” of rehabilitation (rather than punishment) . . . .’ ” (Lara, supra, 4 Cal.5th at p. 309.)

People v. Lynch

50 Cal. 4th 693 · California Supreme Court · Aug 12, 2010

Under these circumstances, defendant has little cause to challenge the excusal of Prospective Juror R.P. on the ground that the record does not clearly demonstrate her bias. … —telling him there was no intent to embarrass him, these types of investigations are commonplace, and that the court and counsel had complete confidence he was a qualified juror—would allay his concerns.

People v. Smith

35 Cal. 4th 334 · California Supreme Court · Mar 10, 2005

During the death-qualifying voir dire she said there should not be a death penalty; she, like Juror Donna T, rated herself at “five” on the death penalty rating scale. … Here, Janice Foster’s three-year tutorial relationship with defendant qualifies.

In re Gadlin

272 Cal. Rptr. 3d 879 · California Supreme Court · Dec 28, 2020

The petition challenged the Department’s determination that petitioner did not qualify for nonviolent offender parole consideration, and specifically challenged the provision of the regulations excluding from nonviolent offender … The Department’s argument The Department contends the ballot materials clearly indicate the voters’ intent to exclude inmates with any registerable sex offense conviction (prior or current) from nonviolent offender

People v. Brooks

216 Cal. Rptr. 3d 528 · California Supreme Court · Mar 20, 2017

recommendation in the 1989 American Bar Association‘s Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (1989) (ABA Guidelines) that ―two 26 qualified … Moreover, because the prior conviction occurred in March 1998, during Kerr‘s relationship with defendant, it clearly was not remote in time.

County of Butte v. Dept. of Water Resources

California Supreme Court · Aug 25, 2022

Instead, we find that State Water Contractors has not carried its burden to establish field preemption here. … FERC’s licensing regulations were clearly designed to render unnecessary the application of state environmental review statutes.

Stanley v. Columbia Broadcasting System, Inc.

35 Cal. 2d 653 · California Supreme Court · Aug 4, 1950

That this title is generic or descriptive is clearly indicated by plaintiff’s use of it in the script of his proposed program, not as its title (the proposed title was “Walter Wanger Presents”), but as a descriptive term, … It seems to me that is a point of law which I am not qualified to answer. “Q. You are not familiar with the practices of the industry so far *678 as the recognition of program ideas are concerned, or' payment therefor?

People v. Valencia

220 Cal. Rptr. 3d 230 · California Supreme Court · Jul 3, 2017

But it does not establish that there are two ways of reading the entirety of section 1170.18(c). … That is simply a policy judgment — and one that the voters made clearly in the text of Proposition 47.

Johnson v. Department of Justice

60 Cal. 4th 871 · California Supreme Court · Jan 29, 2015

Clearly, however, the rational basis standard does not give courts free license to judge the wisdom or desirability of statutes or to act as a super-legislature. … , which under California Rules of Court, rule 8.1115 may not be cited. 7 Unlike most states with sex offender registration, California requires lifetime registration for all qualifying

People v. Huggins

41 Cal. Rptr. 3d 593 · California Supreme Court · Apr 10, 2006

(Id. at pp. 300-301, fns. omitted.) “ ‘Clearly, not all conversation between an officer and a suspect constitutes interrogation. … The prosecution’s evidence and defendant’s testimony clearly establish that a robbery occurred.

Boggs v. Merced Mining Co.

14 Cal. 279 · California Supreme Court · Jul 1, 1859

The principles of constitutional law applicable to this subject, have been clearly and ably expounded in the case of Pollard’s Lessee v. Hagan, and the subsequent one of Goodtitle v. Kibbe . … The previous representations and disclaimers were clearly made under a misapprehension of his rights.

County of Butte v. Dept. of Water Resources

California Supreme Court · Aug 1, 2022

Instead, we find that State Water Contractors has not carried its burden to establish field preemption here. … FERC’s licensing regulations were clearly designed to render unnecessary the application of state environmental review statutes.

Arato v. Avedon

5 Cal. 4th 1172 · California Supreme Court · Sep 30, 1993

For that reason, in an appropriate case, the testimony of medical experts qualified to offer an opinion regarding what, if any, disclosures—in addition to those relating to the risk of death or serious injury and significant … Although the challenged language is clearly a misstatement of governing law and should not have been given by the trial court, it is unlikely that these dozen or so words, appearing late in the mass of instructions, could

Fox v. Hale & Norcross Silver Mining Co.

108 Cal. 369 · California Supreme Court · Aug 3, 1895

them owned but 5 or 10 shares, respectively, out of a total of 112,000 shares, and these trifling amounts of stock had, in several instances, been transferred to them by Levy or the mill-owners for the express purpose of qualifying … This fact was clearly proved when the plaintiff closed his case in chief by the testimony of his own witness, Mr. John W.

People v. Vangelder

58 Cal. 4th 1 · California Supreme Court · Nov 21, 2013

requirements including (1) “accuracy and precision limits of plus or minus 0.01 grams % of the true value” and (2) periodic testing and calibration of machines, performed within every 10 days or 150 subject-testing uses by qualified … The quantity of the breath sample shall be established by direct volumetric measurement.

People v. Westerfield

243 Cal. Rptr. 3d 18 · California Supreme Court · Feb 4, 2019

of crimes, but referencing its previous argument regarding the admissibility of the child pornography as evidence of defendant’s motive and intent in kidnapping and murdering Danielle, it contended that the crimes were clearly … tend to establish the defendant is guilty. Absence of motive may tend to show the defendant is not guilty.”

People v. Johnson

6 Cal. 4th 1 · California Supreme Court · Oct 18, 1993

As indicated previously, the advisements, and defendant’s agreement to talk, occurred immediately following his “no tape recorder” remark and clearly confirmed his general willingness to speak to the officers. … The court also found the evidence was insufficient to establish premeditated murder. (See id. at pp. 24-34.)

People v. Castellanos

88 Cal. Rptr. 2d 346 · California Supreme Court · Aug 30, 1999

The first question considered by the court was "whether the legislature meant the statute to establish `civil' proceedings. … or effect,' [citation] as to `transfor[m] what was clearly intended as a civil remedy into a criminal penalty,' [citation].

People v. Gomez

240 Cal. Rptr. 3d 315 · California Supreme Court · Nov 29, 2018

The trial court’s hypothetical was clearly meant to expand upon and explain the significance of the questionnaire’s inquiry. … Where joinder is proper under section 954, “[t]he burden is on the party seeking severance to clearly establish that there is a substantial danger of prejudice requiring that the charges be separately tried.” (People v.

People v. Mayberry

31 Cal. 3d 335 · California Supreme Court · May 13, 1982

The record also demonstrates that the NTF has established excellent contacts in Florida, both among law enforcement officers and informants. … Clearly, the use of the dog "operates to search" the luggage and "reveals the presence" of contraband inside. (Cf., People v. Hyde, supra, 12 Cal.3d at p. 164.)