§Why CasetextPricing

PEOPLE v. VIDANA

Appellant’s Petition for Review

33 Cited authorities

  1. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 77,591 times   16 Legal Analyses
    Holding that courts conducting review of the sufficiency of the evidence to support a criminal conviction should view the "evidence in the light most favorable to the prosecution"

  2. O'Sullivan v. Boerckel

    526 U.S. 838 (1999)   Cited 17,801 times   12 Legal Analyses
    Holding that, to ensure exhaustion a petitioner must present their claims throughout "one complete round of the State's established appellate review process."

  3. In re Winship

    397 U.S. 358 (1970)   Cited 11,640 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  4. Kelly v. Robinson

    479 U.S. 36 (1986)   Cited 1,533 times   4 Legal Analyses
    Holding that restitution orders "necessarily consider[] the penal and rehabilitative interests of the State" and that "[t]hose interests are sufficient to place restitution orders within the meaning of § 523"

  5. People v. Maury

    30 Cal.4th 342 (Cal. 2003)   Cited 2,549 times   1 Legal Analyses
    Holding that the defendant must renew a motion for a change of venue after voir dire to preserve the issue for appeal

  6. People v. Superior Court (Alvarez)

    14 Cal.4th 968 (Cal. 1997)   Cited 1,374 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

  7. People v. Marshall

    15 Cal.4th 1 (Cal. 1997)   Cited 1,352 times   2 Legal Analyses
    Finding a trial court may give a requested instruction "if it is supported by substantial evidence"

  8. People v. Welch

    5 Cal.4th 228 (Cal. 1993)   Cited 1,380 times
    Upholding curfew condition between “ ‘dark’ ” and 6:00 a.m.

  9. People v. Carbajal

    10 Cal.4th 1114 (Cal. 1995)   Cited 1,170 times
    Holding probationer convicted of hit-and-run could be ordered to pay vehicle damage not caused by criminal act of leaving scene of accident

  10. People v. Kipp

    26 Cal.4th 1100 (Cal. 2001)   Cited 780 times
    Finding no prejudice where brief comment by prosecutor appealing to sympathy of jurors was mild and not repeated

  11. Section 28

    Cal. Const. art. I § 28   Cited 2,119 times
    Granting crime victims the right "[t]o reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present"

  12. Rule 8.1110 - Partial publication

    Cal. R. 8.1110   Cited 2,325 times

    (a)Order for partial publication A majority of the rendering court may certify for publication any part of an opinion meeting a standard for publication under rule 8.1105. (Subd (a) amended effective January 1, 2007.) (b) Opinion contents The published part of the opinion must specify the part or parts not certified for publication. All material, factual and legal, including the disposition, that aids in the application or interpretation of the published part must be published. (c) Construction For

  13. Rule 8.1105 - Publication of appellate opinions

    Cal. R. 8.1105   Cited 2,087 times

    (a)Supreme Court All opinions of the Supreme Court are published in the Official Reports. (b)Courts of Appeal and appellate divisions Except as provided in (e), an opinion of a Court of Appeal or a superior court appellate division is published in the Official Reports if a majority of the rendering court certifies the opinion for publication before the decision is final in that court. (Subd (b) amended effective July 23, 2008; adopted effective April 1, 2007.) (c)Standards for certification An opinion

  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

  15. Rule 4.410 - General objectives in sentencing

    Cal. R. 4.410   Cited 205 times

    (a)General objectives of sentencing include: (1) Protecting society; (2) Punishing the defendant; (3) Encouraging the defendant to lead a law-abiding life in the future and deterring him or her from future offenses; (4) Deterring others from criminal conduct by demonstrating its consequences; (5) Preventing the defendant from committing new crimes by isolating him or her for the period of incarceration; (6) Securing restitution for the victims of crime; (7) Achieving uniformity in sentencing; and

  16. Rule 8.504 - Form and contents of petition, answer, and reply

    Cal. R. 8.504   Cited 21 times

    (a)In general Except as provided in this rule, a petition for review, answer, and reply must comply with the relevant provisions of rule 8.204. (Subd (a) amended effective January 1, 2007.) (b) Contents of a petition (1) The body of the petition must begin with a concise, nonargumentative statement of the issues presented for review, framing them in terms of the facts of the case but without unnecessary detail. (2) The petition must explain how the case presents a ground for review under rule 8.500(b)