5 Cal. 5th 339 - People v. Lopez’s Empirical Analysis
2018
Citation profile
10
cited by 10 later decisions
1
states following
January 2022
most recently cited
10 state decisions
Relationships
Relies on Apprendi v. New Jersey · Griffin v. California · Ring v. Arizona · 34 Cal. 3d 441 - People v. Dillon · 42 Cal. 3d 730 - People v. Rodriguez
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Because a witness, qualified under Section 701, must have personal knowledge of the facts to which he testifies ( Section 702 ), he must, of course, have the capacity to perceive and to recollect those facts. But the court may exclude the testimony of a witness for lack of personal knowledge only if no jury could reasonably find that he has such knowledge. [Citation.] Thus, the Evidence Code has made a person's capacity to perceive and to recollect a condition for the admission of his testimony concerning a particular matter instead of a condition for his competency to be a witness. And, under the Evidence Code, if there is evidence that the witness has those capacities, the determination whether he in fact perceived and does recollect is left to the trier of fact.”
1 later decision quote this exact passage“showed that [he] could perceive and recollect, and [he] understood [he] should not invent or lie about anything [he] said in court. [He] was an eyewitness to the events. Consequently, once the trial court properly determined [he] was competent to testify under Evidence Code section 701, it had no basis for excluding [his] testimony for lack of personal knowledge.”
1 later decision quote this exact passage“[i]nconsistencies in testimony and a failure to remember aspects of the subject of the testimony, however, do not disqualify a witness. [Citation.] They present questions of credibility for resolution by the trier of fact.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.