22 Cited authorities

Lake v. Reed
16 Cal.4th 448 (Cal. 1997) Cited 241 times
Discussing the interpretative canon expressio unius
Penna. R. Co. v. Chamberlain
288 U.S. 333 (1933) Cited 429 times
Holding that a witness who merely heard a crash of cars, without witnessing the focal death, did not present a genuine issue of material fact as his testimony amounted to speculation about the facts
Craig v. Brown Root Inc.
84 Cal.App.4th 416 (Cal. Ct. App. 2000) Cited 174 times 2 Legal Analyses
Holding binding arbitration agreement when employer mailed documents to employee's home and they had not been returned despite employee's protestations that she had not received it
In re Heather B.
9 Cal.App.4th 535 (Cal. Ct. App. 1992) Cited 143 times
Discussing identical presumption under former section 366.21, subdivision (f)
Burg v. Municipal Court
35 Cal.3d 257 (Cal. 1983) Cited 180 times
Rejecting police power and vagueness or fair notice challenges to the per se statute, and finding it constitutionally permissible to define that offense in terms of a specific alcohol-concentration percentage
Fuenning v. Super. Ct. in and for Cty. of Maricopa
139 Ariz. 590 (Ariz. 1984) Cited 135 times
Holding that a witness may not testify as to whether a defendant is innocent or guilty
Berlinghieri v. Department of Motor Vehicles
33 Cal.3d 392 (Cal. 1983) Cited 106 times
In Berlinghieri v. Department of Motor Vehicles (1983) 33 Cal.3d 392 [ 188 Cal.Rptr. 891, 657 P.2d 383], the Supreme Court found a right to a driver's license to be "fundamental" such that an administrative decision relating to the license deserved independent judicial review, but not fundamental such that in an equal protection analysis, strict scrutiny was to be applied.
People v. Beltran
157 Cal.App.4th 235 (Cal. Ct. App. 2007) Cited 35 times
Holding that the Chapman v. California 386 U.S. 18 (17 L.Ed.2d 705) beyond-a-reasonable-doubt standard applies to challenges to instructions erroneously allowing permissive inferences
Coombs v. Pierce
1 Cal.App.4th 568 (Cal. Ct. App. 1991) Cited 30 times
In Coombs v. Pierce (1991) 1 Cal.App.4th 568, 2 Cal.Rptr.2d 249 (Coombs), the arresting officer utilized a Kern County breath testing machine to determine the licensee's blood alcohol percentage.
Yordamlis v. Zolin
11 Cal.App.4th 655 (Cal. Ct. App. 1992) Cited 28 times
In Yordamlis, at the administrative hearing, the Department presented evidence the driver "was driving erratically, smelled of alcohol, and had bloodshot/watery eyes, slurred speech, and an unsteady gait."

COFFEY v. SHIOMOTO

22 Cited authorities

Discussing the interpretative canon expressio unius

Holding that a witness who merely heard a crash of cars, without witnessing the focal death, did not present a genuine issue of material fact as his testimony amounted to speculation about the facts

Holding binding arbitration agreement when employer mailed documents to employee's home and they had not been returned despite employee's protestations that she had not received it

Discussing identical presumption under former section 366.21, subdivision (f)

Rejecting police power and vagueness or fair notice challenges to the per se statute, and finding it constitutionally permissible to define that offense in terms of a specific alcohol-concentration percentage

Holding that a witness may not testify as to whether a defendant is innocent or guilty

Holding that the Chapman v. California 386 U.S. 18 (17 L.Ed.2d 705) beyond-a-reasonable-doubt standard applies to challenges to instructions erroneously allowing permissive inferences

In Coombs v. Pierce (1991) 1 Cal.App.4th 568, 2 Cal.Rptr.2d 249 (Coombs), the arresting officer utilized a Kern County breath testing machine to determine the licensee's blood alcohol percentage.

In Yordamlis, at the administrative hearing, the Department presented evidence the driver "was driving erratically, smelled of alcohol, and had bloodshot/watery eyes, slurred speech, and an unsteady gait."