19 Cited authorities

People v. Birks
19 Cal.4th 108 (Cal. 1998) Cited 1,007 times
Holding that criminal defendant has no unilateral entitlement to instructions on lesser offenses which are not necessarily included in the charge
Dyna-Med, Inc. v. Fair Employment Housing Com
43 Cal.3d 1379 (Cal. 1987) Cited 896 times
Holding that the statute did not extend to cover remedies that were “different in kind from the enumerated remedies,” because “ more reasonable reading of the phrase ‘including, but not limited to,’ ... permitting only additional corrective remedies comports with the statutory construction doctrines of ejusdem generis, expressio unius est exclusio alterius and noscitur a sociis.”
State v. Mancebo
27 Cal.4th 735 (Cal. 2002) Cited 474 times
Upholding decision striking unpled multiple victim circumstances although charging document alleged One-Strike-qualifying offenses against multiple victims
Kavanaugh v. West Sonoma County Union High School Dist.
29 Cal.4th 911 (Cal. 2003) Cited 269 times
In Kavanaugh v. West Sonoma County Union High School Dist. (2003) 29 Cal.4th 911, 919 [ 129 Cal.Rptr.2d 811, 62 P.3d 54], it held that a provision in that code must be interpreted "`"with reference to the whole system of law of which it is a part so that all may be harmonized and have effect.
Brown v. Kelly Broadcasting Co.
48 Cal.3d 711 (Cal. 1989) Cited 351 times 1 Legal Analyses
Adopting negligence standard
People v. Overstreet
42 Cal.3d 891 (Cal. 1986) Cited 290 times
Reasoning that a statute should be construed "as favorably to the defendant as its language and the circumstance of its application reasonably permit"
People v. Clark
50 Cal.3d 583 (Cal. 1990) Cited 229 times 2 Legal Analyses
In Clark, we noted that the purpose of the psychotherapist-patient privilege is to promote the therapeutic relationship, a purpose that "can no longer be achieved once the therapist has revealed the confidential communications to third parties."
Burris v. Superior Court
34 Cal.4th 1012 (Cal. 2005) Cited 101 times
In Burris, supra, 34 Cal.4th 1012, 22 Cal.Rptr.3d 876, 103 P.3d 276, a misdemeanor complaint was dismissed, followed by a felony charge based on the same conduct.
People v. Barrick
33 Cal.3d 115 (Cal. 1982) Cited 180 times
Rejecting sanitization because it undermines jury's ability to assess credibility of witness
People v. Cannady
8 Cal.3d 379 (Cal. 1972) Cited 96 times
Approving use of flight instruction in circumstances also consistent with defendants intending to report incident to prison guards

PEOPLE v. JUAREZ

19 Cited authorities

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

Upholding decision striking unpled multiple victim circumstances although charging document alleged One-Strike-qualifying offenses against multiple victims

In Kavanaugh v. West Sonoma County Union High School Dist. (2003) 29 Cal.4th 911, 919 [ 129 Cal.Rptr.2d 811, 62 P.3d 54], it held that a provision in that code must be interpreted "`"with reference to the whole system of law of which it is a part so that all may be harmonized and have effect.

Adopting negligence standard

Reasoning that a statute should be construed "as favorably to the defendant as its language and the circumstance of its application reasonably permit"

In Clark, we noted that the purpose of the psychotherapist-patient privilege is to promote the therapeutic relationship, a purpose that "can no longer be achieved once the therapist has revealed the confidential communications to third parties."

In Burris, supra, 34 Cal.4th 1012, 22 Cal.Rptr.3d 876, 103 P.3d 276, a misdemeanor complaint was dismissed, followed by a felony charge based on the same conduct.

Rejecting sanitization because it undermines jury's ability to assess credibility of witness

Approving use of flight instruction in circumstances also consistent with defendants intending to report incident to prison guards