54 Cal. 3d 82 - In Re Horton’s Empirical Analysis
1991
Citation profile
166 state decisions
How this case has been cited
Cited by 173 later decisions — most recently September 2018 · most notably 22 Cal. 4th 1153 - People v. Riel (2000), 14 Cal. 4th 367 - Cowan v. Superior Court (1996)
166 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 636
Relies on Boykin v. Alabama · Faretta v. California · Northern Pipeline Construction Co. v. Marathon Pipe Line Co. · Commodity Futures Trading Commission v. Schor · Brookhart v. Janis
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 173 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The issue in this case is whether a court commissioner may conduct a trial in a capital case when no oral or written stipulation of the parties authorized him to sit as a temporary judge, but when defense counsel proceeded to trial without objection, knowing that the judge was a court commissioner. Petitioner contends that the right to be tried by a regularly appointed or elected superior court judge is a fundamental and personal one that can only be waived after full admonition of the defendant and after he has entered an express waiver of the right on the record. We conclude that the right is not a fundamental personal one requiring an admonition and express waiver, and that the stipulation necessary to vest the commissioner with authority to try the case can be inferred from the conduct of counsel.”
2 later decisions quote this exact passage“On stipulation of the parties litigant the court may order a cause to be tried by a temporary judge who is a member of the State Bar, sworn and empowered to act until final determination of the cause.”
2 later decisions quote this exact passage“Since 1862, our Constitution has contemplated the use of court commissioners to perform 'chamber business' (see Cal. Const. of 1849, art. VI, § 11, as amended Sept. 3, 1862; Cal. Const., former art. VI, § 14), now referred to as 'subordinate judicial duties.' (Cal. Const., art. VI, § 22 ; [citation].) In addition, since 1879, our Constitution has permitted a cause to be tried in the superior court by a temporary judge. (Cal. Const. of 1879, former art. VI, § 8; see also Cal. Const., former art. VI, § 5, as amended in 1928.) The original provision was that such a judge must be 'a member of the bar, agreed upon in writing by the parties litigant or their attorneys of record, approved by the Court, and sworn to try the cause.' [Citation.] This provision was repealed in 1926, but was reinstated in article VI, section 5 in 1928 to provide for trial by a temporary judge '[u]pon stipulation of the parties litigant or their attorneys of record....' (Cal. Const., former art. VI, § 5, as amended in 1928.) The current version of this language, as revised in 1966, provides: 'On stipulation of the parties litigant the court may order a cause to be tried by a temporary judge who is a member of the State Bar, sworn and empowered to act until final determination of the cause.' (Cal. Const., art. VI, § 21.)”
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.