Case law

In Re Tucker

5 Cal. 3d 171 · California Supreme Court · Jun 24, 1971

Legal Aid and Public Defender programs, while multiplying with great rapidity, have not been able to scratch the surface of the need for qualified defense lawyers. … Rptr. 504 , 470 P.2d 640 ]), but on any expansive scale such practice would clearly be counterproductive.

Herminghaus v. Southern California Edison Co.

200 Cal. 81 · California Supreme Court · Dec 24, 1926

As a fact, and under the authorities, being annually recurring floods and freshets flowing in a clearly defined channel, they constitute a part of the ordinary flow of the waters of such river.” In the case of Piper v. … We are, however, referred to a line of decisions by the courts of certain of the older states wherein a qualified right of an upper riparian proprietor to impound the waters of a stream has been recognized.

People v. Champion

9 Cal. 4th 879 · California Supreme Court · Apr 6, 1995

Ross contends that fingerprint expert Keir’s testimony was inadequate to establish these facts, because Keir had no personal knowledge of when the report was made. … Instruction on Jury Unanimity Defendants assert that the prosecution’s evidence against them did not clearly show whether they were direct perpetrators or aiders and abettors of each of the offenses charged.

People v. Silveria and Travis

267 Cal. Rptr. 3d 303 · California Supreme Court · Aug 13, 2020

[Citations.] [¶] Because it is a ‘less demanding’ standard, ‘reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause.’ [Citation.] … His “use of the 911 emergency system” is a further “indicator of veracity” because the recording and tracing features of that system “provide some safeguards against making false reports with immunity.”

People v. Clark

52 Cal. 4th 856 · California Supreme Court · Aug 29, 2011

Defendant asserted he could not communicate with O’Neill, and Martinez was not qualified to serve as counsel in a capital case. … Contrary to defendant’s assertion, and as previously explained, the court repeatedly and clearly cautioned the jurors to avoid media coverage of the case.

People v. Morelos

297 Cal. Rptr. 3d 16 · California Supreme Court · Aug 11, 2022

At the time Morelos was sentenced, the court was required under section 667, subdivision (a), to enhance the sentence imposed for conviction of a serious felony by five years for each qualifying prior serious felony conviction … At that hearing, the trial court said, “You understand that you have a right to a public, speedy trial and trial by a jury, you understand clearly that right?” Morelos replied, “Yes, sir.”

People v. Wader

5 Cal. 4th 610 · California Supreme Court · Jul 8, 1993

Duncan, supra, 53 Cal.3d 955, 978 , saying, “The instruction clearly stated that the death penalty could be imposed only if the jury found that the aggravating circumstances outweighed mitigating.” … He states that all of these types of murders are likely to qualify as capital crimes under a special circumstance.

LOS ANGELES CTY. METRO. TRANSP. v. Continental Dev.

16 Cal. 4th 694 · California Supreme Court · Aug 25, 1997

Plaintiff's offer of $200,000 clearly did not ignore defendant's expert's opinion in its entirety. [¶] Two compensation issues separated the parties: loss due to noise and visual impact. … Under this definition, all other benefits become general and immune from offset.

People v. Ayala

96 Cal. Rptr. 2d 682 · California Supreme Court · Jun 8, 2000

Evidence Code section 700 provides: “Except as otherwise provided by statute, every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter.” *265 Subdivision (a) of … Defense counsel was unable to establish any coercion in her examination of Meza, and in fact she established the opposite.

People v. Garcia

62 Cal. 4th 1116 · California Supreme Court · Feb 25, 2016

We find the evidence on this question to be somewhat close given what transpired in this commercial establishment. … Ceja (2010) 49 Cal.4th 1, 10 [― ‗ ― ‗A statute will be construed in light of common law decisions, unless its language ― ‗clearly and unequivocally discloses an intention to depart from, alter, or abrogate the common-law

People v. Hernandez

134 Cal. Rptr. 2d 602 · California Supreme Court · Aug 13, 2003

Nor did it establish beyond a reasonable doubt that Rodrigues helped to kill Caseri. … of capital crimes should qualify (id. at pp. 604-622, 97 S.Ct. 2861 (dis. opn. of Burger, C.J., joined by Rehnquist, J.)).

Sanguinetti v. Moore Dry Dock Co.

36 Cal. 2d 812 · California Supreme Court · Mar 13, 1951

Stewart (1944), 24 Cal.2d 133, 140 [ 148 P.2d 19 , 156 A.L.R. 1221 ], which prompted the court to say, "In cases where it clearly appears that the jury did not rely upon the erroneous instructions, the judgment may be affirmed … If the defendant desired the jury further instructed to the effect that the amount named therein did not necessarily furnish any criterion for the amount of their verdict, it was his duty to ask for such qualifying instruction

People v. Jurado

41 Cal. Rptr. 3d 319 · California Supreme Court · Apr 6, 2006

Presence of motive may tend to establish that an accused is guilty. Absence of motive may tend to establish that he is not guilty of a charged offense. … We observed that the object the defendant had *139 possessed qualified as deadly weapon under section 4574. (People v. Hughes, supra, 27 Cal.4th at p. 383.)

In Re Avena

12 Cal. 4th 694 · California Supreme Court · Feb 5, 1996

Potash alleges that there was evidence establishing petitioner acted in self-defense when he stabbed Alfaro. … Part proceeded to list a handful of murderers whose crimes were "so revolting" and "so nauseating" that in his opinion they qualified as proper cases for the death penalty: he referred the jury to "Charles Manson, a fiend

People v. Superior Court

7 Cal. 3d 186 · California Supreme Court · May 19, 1972

Agar states, inter alia, that although probable cause is measured by an objective standard "it must first be established that the policeman did entertain a belief that a particular crime had been committed [by the person … ] Our conclusion herein will also govern the situation in which an arresting officer decides to exercise his option to transport a traffic violator before a magistrate pursuant to section 40303. [17] This requirement is qualified

Rodriguez v. Super. Ct.

California Supreme Court · Dec 14, 2023

This allows for a one-year, renewable commitment of qualifying mentally incompetent defendants who have reached the maximum time for a commitment under section 1370(c)(1). … In adopting the “incompetence program” in 1974, the Legislature clearly intended to limit a defendant’s time in “pretrial detention” and to suspend “the criminal process” so that the defendant can be restored to “a specific

People v. Alvarez

14 Cal. 4th 155 · California Supreme Court · Dec 5, 1996

[concluding that tiie federal “clearly erroneous” standard—which is practically the same as the California substantial evidence test—is applicable on direct review of a state court decision involving a Batson motion]; id. … this individual has conducted extensive interviews with [defendant] already and has now the basis to obtain additional information in Cuba, regarding [defendant’s] upbringing, and will be offering her opinions as an expert qualified

People v. Baker

10 Cal. 5th 1044 · California Supreme Court · Feb 1, 2021

We hold only that defendant has not established an abuse of discretion on this record, considered as a whole. … Clearly admissible physical evidence corroborated that confession.

Niedermeier v. FCA US LLC

California Supreme Court · Mar 4, 2024

The statutory restitution remedy has clearly enumerated exceptions, none of which includes the offset requested by FCA. … This assumption is most clearly evident in the Act’s labeling and notification provisions governing “Lemon Law Buyback” (Civ.

People v. Danks

8 Cal. Rptr. 3d 767 · California Supreme Court · Apr 14, 2004

The records clearly indicated defendant’s unwillingness in 1990 to .take medication in the Los Angeles County jail. … This standard is well established.