68 Cited authorities

Birchfield v. North Dakota
136 S. Ct. 2160 (2016) Cited 1,067 times 16 Legal Analyses
Holding warrantless breath tests, but not blood tests, are permitted as searches incident to arrest under the Fourth Amendment
People v. Gutierrez
58 Cal.4th 1354 (Cal. 2014) Cited 1,199 times 1 Legal Analyses
Holding that construing a sentencing statute as establishing "a presumption in favor of life without parole [for juvenile homicide offenders] raises serious constitutional concerns under the reasoning of Miller and the body of precedent upon which Miller relied"
People v. Frahs
9 Cal.5th 618 (Cal. 2020) Cited 559 times
Holding that laws creating the possibility of mental health diversion applied retroactively to a defendant who stole beverages from a store and threw rocks at cars
In re Estrada
63 Cal.2d 740 (Cal. 1965) Cited 4,291 times
Holding that a defendant "is entitled to the ameliorating benefits of the statutes as amended" if "the amendatory statute lessening punishment becomes effective prior to the date the judgment of conviction becomes final"
Mitchell v. Wisconsin
139 S. Ct. 2525 (2019) Cited 138 times 2 Legal Analyses
Holding that the police may order a warrantless blood draw of an unconscious driver whom the police have probable cause to believe that he or she has committed a drunk-driving offense without violating the Fourth Amendment
Palma v. U. Industrial Fasteners, Inc.
36 Cal.3d 171 (Cal. 1984) Cited 1,215 times
Finding a triable issue of fact as to existence of a duty when a large commercial truck left unlocked with the keys in it overnight in a high crime industrial area was stolen and subsequently struck and injured plaintiff
People v. Morante
20 Cal.4th 403 (Cal. 1999) Cited 392 times
In Morante, the court noted that "[i]t is well established that one may become criminally liable for possession for sale or for transportation of a controlled substance, based upon either actual or constructive possession of the substance.
People v. Wells
38 Cal.4th 1078 (Cal. 2006) Cited 295 times 1 Legal Analyses
Holding that "a possibly intoxicated highway driver, 'weaving all over the roadway,' poses a ... grave and immediate risk to the public"
California Teachers Assn. v. Governing Bd. of Rialto Unified School Dist.
14 Cal.4th 627 (Cal. 1997) Cited 344 times
Describing the judicial role of construing statutes consistent with their plain meaning and other indicia of legislative intent
Carter v. Department of Veterans Affairs
38 Cal.4th 914 (Cal. 2006) Cited 191 times 2 Legal Analyses
Recognizing that when "the Legislature promptly reacts to the emergence of a novel question of statutory interpretation" this may indicate that an amendment was merely a clarification of the statute's true meaning
Section 187 - Murder
Cal. Pen. Code § 187 Cited 20,444 times
Defining murder as "the unlawful killing of a human being . . . with malice aforethought."
Section 273.5 - Infliction of corporal injury resulting in traumatic injury upon person who is spouse, former spouse, cohabitant, former cohabitant, or parent of child
Cal. Pen. Code § 273.5 Cited 5,543 times 1 Legal Analyses
Inflicting corporal injury on a person in certain specified relationships
Section 243 - Punishment
Cal. Pen. Code § 243 Cited 4,030 times
Defining "serious bodily injury"
Section 646.9 - Stalking
Cal. Pen. Code § 646.9 Cited 1,136 times
Stalking statute
Section 23550 - Punishment if person convicted of violation of Section 23152 and offense occurred within 10 years of three or more separate violations of Section 23103 that resulted in convictions
Cal. Veh. Code § 23550 Cited 352 times
Setting forth enhanced penalties for repeat offenders with three or more prior DUI convictions
Section 23550.5 - Punishment if person convicted of violation of Section 23152 to 23153 and offense occurred within 10 years of listed violations
Cal. Veh. Code § 23550.5 Cited 329 times
(a) A person is guilty of a public offense, punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000) if that person is convicted of a violation of Section 23152 or 23153, and the offense occurred within 10 years of any of the following: (1) A separate violation of Section 23152 that was punished as a felony under Section 23550 or this section
Section 1000 - Applicability of chapter
Cal. Pen. Code § 1000 Cited 290 times
(a) This chapter shall apply whenever a case is before any court upon an accusatory pleading for a violation of Section 11350, 11357, 11364, or 11365, paragraph (2) of subdivision (b) of Section 11375, Section 11377, or Section 11550 of the Health and Safety Code, or subdivision (b) of Section 23222 of the Vehicle Code, or Section 11358 of the Health and Safety Code if the marijuana planted, cultivated, harvested, dried, or processed is for personal use, or Section 11368 of the Health and Safety
Section 23540 - Punishment for conviction of violation of Section 23152 and offense occurred within 10 years of separate violation of Section 23103 that resulted in conviction
Cal. Veh. Code § 23540 Cited 111 times
(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person's privilege to operate a motor vehicle
Section 23546 - Punishment if person convicted of violation of Section 23152 and offense occurred within 10 years of two separate violations of Section 23103 that resulted in convictions
Cal. Veh. Code § 23546 Cited 67 times
(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person's privilege
Section 23560 - Punishment for person convicted of violation of Section 23153 and offense occurred within 10 years of separate violation of Section 23103 that resulted in conviction
Cal. Veh. Code § 23560 Cited 63 times
If a person is convicted of a violation of Section 23153 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153 that resulted in a conviction, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 120 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than five thousand dollars ($5,000). The person's privilege to operate
Section 1444 - Substantial Relationship Criteria
Cal. Code Regs. tit. 16 § 1444 Cited 3 times
(a) For the purposes of denial, suspension, or revocation of a license or certificate pursuant to section 141, Division 1.5 (commencing with section 475), or Sections 2761 or 2765 of the code, a crime, professional misconduct, or act shall be considered to be substantially related to the qualifications, functions or duties of a person holding a license or certificate under the Nursing Practice Act (Chapter 6 of Division 2 of the code), if to a substantial degree it evidences the present or potential

Notice

68 Cited authorities

Holding warrantless breath tests, but not blood tests, are permitted as searches incident to arrest under the Fourth Amendment

Holding that construing a sentencing statute as establishing "a presumption in favor of life without parole [for juvenile homicide offenders] raises serious constitutional concerns under the reasoning of Miller and the body of precedent upon which Miller relied"

Holding that laws creating the possibility of mental health diversion applied retroactively to a defendant who stole beverages from a store and threw rocks at cars

Holding that a defendant "is entitled to the ameliorating benefits of the statutes as amended" if "the amendatory statute lessening punishment becomes effective prior to the date the judgment of conviction becomes final"

Holding that the police may order a warrantless blood draw of an unconscious driver whom the police have probable cause to believe that he or she has committed a drunk-driving offense without violating the Fourth Amendment

Finding a triable issue of fact as to existence of a duty when a large commercial truck left unlocked with the keys in it overnight in a high crime industrial area was stolen and subsequently struck and injured plaintiff

In Morante, the court noted that "[i]t is well established that one may become criminally liable for possession for sale or for transportation of a controlled substance, based upon either actual or constructive possession of the substance.

Holding that "a possibly intoxicated highway driver, 'weaving all over the roadway,' poses a ... grave and immediate risk to the public"

Describing the judicial role of construing statutes consistent with their plain meaning and other indicia of legislative intent

Recognizing that when "the Legislature promptly reacts to the emergence of a novel question of statutory interpretation" this may indicate that an amendment was merely a clarification of the statute's true meaning

Defining murder as "the unlawful killing of a human being . . . with malice aforethought."

Inflicting corporal injury on a person in certain specified relationships

Defining "serious bodily injury"

Stalking statute

Setting forth enhanced penalties for repeat offenders with three or more prior DUI convictions