31 Cited authorities

  1. Santosky v. Kramer

    455 U.S. 745 (1982)   Cited 7,304 times   4 Legal Analyses
    Holding that "[b]efore a State may sever ... the rights of parents in their natural child, due process requires that the State support its allegations by at least clear and convincing evidence"
  2. Addington v. Texas

    441 U.S. 418 (1979)   Cited 2,299 times   5 Legal Analyses
    Holding that for an initial civil commitment, the state has the burden of proof
  3. Custis v. United States

    511 U.S. 485 (1994)   Cited 1,158 times   5 Legal Analyses
    Holding that defendant may not collaterally attack prior conviction used to enhance sentence under the Armed Career Criminal Act because the statute does not explicitly permit such challenges
  4. Woodby v. Immigration Service

    385 U.S. 276 (1966)   Cited 708 times
    Holding that "no deportation order may be entered unless it is found by clear, unequivocal, and convincing evidence that the facts alleged as grounds for deportation are true"
  5. People v. Panizzon

    13 Cal.4th 68 (Cal. 1996)   Cited 698 times
    Holding that the certificate requirement applies where the sentence was "part and parcel of the plea agreement he negotiated with the People"
  6. People v. Davis

    36 Cal.4th 510 (Cal. 2005)   Cited 466 times   1 Legal Analyses
    Holding lack of presence harmless where counsel had "ample opportunity to discuss" the defendant's thoughts before a hearing and that "there is no way on this record to determine, had defendant been present at the hearing," what information the defendant would have provided
  7. People v. Mendez

    19 Cal.4th 1084 (Cal. 1999)   Cited 554 times
    Affirming the Court of Appeal's dismissal of the appeal for failure to obtain a certificate of probable cause
  8. People v. Johnson

    47 Cal.4th 668 (Cal. 2009)   Cited 285 times
    In People v. Johnson, 47 Cal. 4th 668, 677 (2009), the California Supreme Court noted two exceptions to section 1237.5's requirement of a certificate of probable cause.
  9. People v. Superior Court of San Joaquin Cnty. (Zamudio)

    23 Cal.4th 183 (Cal. 2000)   Cited 353 times
    Recognizing a new theory may be presented for the first time on appeal if "it raised only a question of law and can be decided based on undisputed facts"
  10. People v. Buttram

    30 Cal.4th 773 (Cal. 2003)   Cited 274 times
    In Buttram, we expressly distinguished the situation, present here, in which a defendant on appeal challenges the trial court's authority to impose the lid sentence: "Defendant here does not argue that the maximum sentence provided in his plea bargain was invalid because it exceeded the legally authorized sentence for his convictions.
  11. Rule 8.304 - Filing the appeal; certificate of probable cause

    Cal. R. 8.304   Cited 809 times

    (a)Notice of appeal (1) To appeal from a judgment or an appealable order of the superior court in a felony case-other than a judgment imposing a sentence of death-the defendant or the People must file a notice of appeal in that superior court. To appeal after a plea of guilty or nolo contendere or after an admission of probation violation, the defendant must also comply with (b). (2) As used in (1), "felony case" means any criminal action in which a felony is charged, regardless of the outcome. A

  12. Rule 8.500 - Petition for review

    Cal. R. 8.500   Cited 236 times

    (a)Right to file a petition, answer, or reply (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer