27 Cited authorities

  1. People v. Superior Court (Romero)

    13 Cal.4th 497 (Cal. 1996)   Cited 6,213 times
    Holding that the sentencing court has the power under the Three Strikes Law to dismiss one or more prior “strikes” in the interest of justice
  2. People v. Carmony

    33 Cal.4th 367 (Cal. 2004)   Cited 3,235 times
    Holding that the Court of Appeal erred in reversing a trial court's ruling denying a request to strike prior convictions because the appellate court "simply disagreed with the [trial] court's weighing of [the relevant] factors"
  3. People v. Breverman

    19 Cal.4th 142 (Cal. 1998)   Cited 3,870 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
  4. People v. Williams

    17 Cal.4th 148 (Cal. 1998)   Cited 3,120 times
    Holding Romero relief unavailable for a defendant who was 20 years old at the time of the prior strike crimes and 32 years old at the time of the felony triggering the Three Strikes sentence
  5. People v. Watson

    46 Cal.2d 818 (Cal. 1956)   Cited 13,690 times
    Holding that certain trial errors are harmless unless there is a reasonable probability that a different result would have occurred absent the error
  6. People v. Ledesma

    39 Cal.4th 641 (Cal. 2006)   Cited 1,270 times
    Finding nothing improper about the prosecutor questioning defense witnesses about the defendant’s motive to plead guilty to rebut defendant’s claim that he pled guilty to accept responsibility
  7. 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
  8. People v. Superior Court (Alvarez)

    14 Cal.4th 968 (Cal. 1997)   Cited 1,375 times
    Holding that a trial court's discretion under Cal.Penal Code § 17(b) to reduce a "wobbler" offense is not eliminated by the Three Strikes law but is reviewable
  9. 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
  10. People v. Blair

    36 Cal.4th 686 (Cal. 2005)   Cited 515 times   1 Legal Analyses
    Holding that defendant's having been found insane and confined to a mental institution fifteen years earlier “was insufficient to compel a doubt whether defendant had the mental capacity to understand the proceedings against him in the current prosecution,” and that judge misspoke when he referred to defendant as a “psychopath,” a condition involving lack of touch with reality and thus implying an inability to assist with his defense
  11. Section Amendment V - Rights of Persons

    U.S. Const. amend. V   Cited 19,297 times   5 Legal Analyses
    Requiring that crimes be prosecuted on a presentment or indictment
  12. Section 148 - Resistance, delay, or obstruction of public officer, peace officer, or emergency medical technician

    Cal. Pen. Code § 148   Cited 4,266 times   2 Legal Analyses
    Making it a misdemeanor to "willfully resist[], delay[], or obstruct[] any . . . peace officer . . . in the discharge or attempt to discharge any duty of his or her office or employment"
  13. Section 69 - Threat or violence to deter or prevent executive officer

    Cal. Pen. Code § 69   Cited 2,062 times   1 Legal Analyses
    Resisting arrest
  14. Rule 8.500 - Petition for review

    Cal. R. 8.500   Cited 337 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