71 Cal. App. 4th 151 - People v. Burnett’s Empirical Analysis
1999
Citation profile
25
cited by 25 later decisions
1
states following
July 2019
most recently cited
25 state decisions
Relationships
Relies on Strickland v. Washington · Faretta v. California · Stirone v. United States · 2 Cal. 3d 118 - People v. Marsden · 23 Cal. 3d 412 - People v. Pope
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An indictment or accusation cannot be amended so as to change the offense charged, nor an information so as to charge an offense not shown by the evidence taken at the preliminary examination " (italics added) ].) The practical implication of forcing an election at the demurrer stage, therefore, is simply to force the People to add additional counts to the information. That does not benefit the defendant at all-to the contrary, it only increases his potential punishment. The Salvato court went on to cite additional reasons for its holding, but we find none of those reasons persuasive. First, "Where the prosecutor is aware that the evidence he or she plans to present will include several distinct acts, any one of which might arguably constitute the crime charged, there is no reason he or she should be allowed to play 'hide the ball' with the defense.”
1 later decision quote this exact passage“Before any accused person can be called upon to defend himself on any charge prosecuted by information, he is entitled to a preliminary examination upon said charge, and the judgment of the magistrate before whom such examination is held as to whether the crime for which it is sought to prosecute him has been committed, and whether there is sufficient cause to believe him guilty thereof. These proceedings are essential to confer jurisdiction upon the court before whom he is placed on trial.”
1 later decision quote this exact passage“An indictment or accusation cannot be amended so as to change the offense charged, nor an information so as to charge an offense not shown by the evidence taken at the preliminary examination”
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.