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The People of the State of California v. Superior Court (Romero), 13 CAL. 4TH 497, 917 P.2D 628 (Cal. 1996), was a landmark case in the state of California that gave California Superior Court judges the ability to dismiss a criminal defendant's "strike prior" pursuant to the California Three-strikes law, thereby avoiding a 25-to-life minimum sentence.
The California Constitution at the time said (in Article I § 13), "in any criminal case, whether the defendant testifies or not, his failure to explain or to deny by his testimony any evidence or facts in the case against him may be commented upon by the court and by counsel, and may be considered by the court or the jury."
Defendant convicted in Los Angeles County Superior Court; conviction affirmed by California Court of Appeal; California Supreme Court declined review, and the U.S. Supreme Court granted certiorari, 535 U.S. 969 (2002). Holding; California's three strikes law does not violate the Eighth Amendment prohibition against cruel and unusual punishment.
Case history; Prior history: Review granted, California Court of Appeal decision depublished: Subsequent history: Remanded back to Court of Appeal for further proceedings: Holding; Plaintiff stated a cause of action in lack of informed consent and breach of fiduciary duty, but not in conversion: Court membership; Chief Justice: Malcolm M. Lucas ...
Adamson v. California, 332 U.S. 46 (1947), was a United States Supreme Court case regarding the incorporation of the Fifth Amendment of the Bill of Rights. Its decision is part of a long line of cases that eventually led to the Selective Incorporation Doctrine.
Miller v. California, 413 U.S. 15 (1973), was a landmark decision of the U.S. Supreme Court clarifying the legal definition of obscenity as material that lacks "serious literary, artistic, political, or scientific value". [1]
Coca-Cola Bottling Co., 24 Cal.2d 453, 150 P.2d 436 (1944) Important case in the development of the common law of product liability in the United States based on the concurring opinion of California Supreme Court justice Roger Traynor who stated "that a manufacturer incurs an absolute liability when an article that he has placed on the market ...
On April 24, 1972, the Supreme Court of California ruled in People v. Anderson that the state's current death penalty laws were unconstitutional. Justice Marshall F. McComb was the lone dissenter, arguing that the death penalty deterred crime, noting numerous Supreme Court precedents upholding the death penalty's constitutionality, and stating that the legislative and initiative processes were ...