26 Cited authorities

  1. People v. Breverman

    19 Cal.4th 142 (Cal. 1998)   Cited 3,836 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
  2. United States v. Martin Linen Supply Co.

    430 U.S. 564 (1977)   Cited 1,071 times   4 Legal Analyses
    Holding "appeals by the Government from . . . judgments of acquittal" entered under Rule 29 are authorized by 18 U.S.C. § 3731 "unless barred by the Double Jeopardy Clause of the Constitution"
  3. Evans v. Michigan

    568 U.S. 313 (2013)   Cited 220 times   3 Legal Analyses
    Holding that the trial court's erroneous ruling that the prosecution had failed to prove the existence of an alleged element of the crime at defendant's trial that it was not, in fact, required to prove was not subject to appellate review
  4. People v. Birks

    19 Cal.4th 108 (Cal. 1998)   Cited 984 times
    Holding that criminal defendant has no unilateral entitlement to instructions on lesser offenses which are not necessarily included in the charge
  5. Downum v. United States

    372 U.S. 734 (1963)   Cited 737 times
    Holding that such gambling precludes the demonstration of manifest necessity necessary for a mistrial
  6. Martinez v. Illinois

    574 U.S. 927 (2014)   Cited 83 times   2 Legal Analyses
    Holding that the Double Jeopardy Clause precluded retrial of a defendant after the first jury was sworn, even though no evidence was presented as a result of the prosecution's inability to procure attendance of its key witnesses
  7. People v. Hatch

    22 Cal.4th 260 (Cal. 2000)   Cited 308 times
    Noting the statute is sometimes denominated the “ ‘two-dismissal rule’ ”
  8. People v. West

    3 Cal.3d 595 (Cal. 1970)   Cited 705 times   1 Legal Analyses
    Holding that plea of guilty or nolo contendere is not rendered involuntary because it is a product of plea bargaining; an accepted plea bargain must be recorded; and court may accept a bargained plea to a lesser offense reasonably related to a charged offense
  9. People v. Toro

    47 Cal.3d 966 (Cal. 1989)   Cited 232 times   1 Legal Analyses
    In Toro, we held that consent to instructions on an uncharged lesser related offense could be inferred from defense counsel's failure to object, and that such failure to object 'bar[s] a contention based on lack of notice.' [Citations.
  10. People v. Shirley

    31 Cal.3d 18 (Cal. 1982)   Cited 259 times
    Holding that under the strict "general acceptance" approach, novel scientific evidence should not be admitted if "scientists significant either in number or expertise publicly oppose [such evidence]. . . ."