50 Cited authorities

People v. Breverman
19 Cal.4th 142 (Cal. 1998) Cited 3,871 times
Holding that the failure to instruct on a lesser included offense in a noncapital case is, at most, an error of California law alone subject only to state standards of reversibility
People v. Osband
13 Cal.4th 622 (Cal. 1996) Cited 2,629 times 2 Legal Analyses
Holding error was harmless beyond a reasonable doubt because defendant received more than he was entitled to when the jury was instructed on the "specific intent" to commit the underlying felony of rape
People v. Jennings
50 Cal.4th 616 (Cal. 2010) Cited 1,079 times 2 Legal Analyses
Finding trial court not required to give sua sponte instruction on "complete defense" of accident that would negate the intent element necessary for first degree murder convictions where defense hinged on facts particular to the case and the defendant failed to request the instruction
People v. Barton
12 Cal.4th 186 (Cal. 1995) Cited 1,499 times
Holding that California trial courts have duty to sua sponte instruct on unreasonable self-defense when there is substantial evidence to support that theory of the defense; it is not an affirmative defense
People v. Reed
38 Cal.4th 1224 (Cal. 2006) Cited 919 times
Holding that only the elements test, and not the accusative pleading test, is appropriate for determining what qualifies as a lesser included offense
Auto Equity Sales, Inc. v. Superior Court
57 Cal.2d 450 (Cal. 1962) Cited 5,921 times 8 Legal Analyses
Explaining the "rule requiring a court exercising inferior jurisdiction to follow the decisions of a court exercising a higher jurisdiction"
People v. Birks
19 Cal.4th 108 (Cal. 1998) Cited 991 times
Holding that criminal defendant has no unilateral entitlement to instructions on lesser offenses which are not necessarily included in the charge
People v. Kelly
1 Cal.4th 495 (Cal. 1992) Cited 1,262 times
Finding no abuse of discretion in exclusion of evidence that murder victims had alcohol or cocaine in their systems
People v. Toledo
26 Cal.4th 221 (Cal. 2001) Cited 861 times
Holding the language of the sections 422 and 664 support the existence of the crime of attempted criminal threats
People v. Williams
26 Cal.4th 779 (Cal. 2001) Cited 690 times
Holding that assault does not require a specific intent to cause injury or a subjective awareness of the risk that an injury might occur

PEOPLE v. BAILEY

50 Cited authorities

Holding that the failure to instruct on a lesser included offense in a noncapital case is, at most, an error of California law alone subject only to state standards of reversibility

Holding error was harmless beyond a reasonable doubt because defendant received more than he was entitled to when the jury was instructed on the "specific intent" to commit the underlying felony of rape

Finding trial court not required to give sua sponte instruction on "complete defense" of accident that would negate the intent element necessary for first degree murder convictions where defense hinged on facts particular to the case and the defendant failed to request the instruction

Holding that California trial courts have duty to sua sponte instruct on unreasonable self-defense when there is substantial evidence to support that theory of the defense; it is not an affirmative defense

Holding that only the elements test, and not the accusative pleading test, is appropriate for determining what qualifies as a lesser included offense

Explaining the "rule requiring a court exercising inferior jurisdiction to follow the decisions of a court exercising a higher jurisdiction"

Holding that criminal defendant has no unilateral entitlement to instructions on lesser offenses which are not necessarily included in the charge

Finding no abuse of discretion in exclusion of evidence that murder victims had alcohol or cocaine in their systems

Holding the language of the sections 422 and 664 support the existence of the crime of attempted criminal threats

Holding that assault does not require a specific intent to cause injury or a subjective awareness of the risk that an injury might occur