California v. Baker
Docket Number | D071383 |
Decision Date | 22 February 2018 |
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148 cases
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People v. Avila
...distinction in wording between the federal and state constitutions is substantive and not merely semantic. (People v. Baker (2018) 20 Cal.App.5th 711, 723, 229 Cal.Rptr.3d 431.) We decide Avila's case only under the California Constitution.14 It is unclear whether they remain married.15 To ......
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People v. Wilson
...prong may vary by case. [Citation.] ‘Disproportionality need not be established in all three areas.’ " ( People v. Baker (2018) 20 Cal.App.5th 711, 723, 229 Cal.Rptr.3d 431 ( Baker ).)On appeal, Wilson does not present an argument regarding each of these techniques, but rather focuses on wh......
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People v. Cadena
...instructive: In re Rodriguez (1975) 14 Cal.3d 639, 122 Cal.Rptr. 552, 537 P.2d 384 ( Rodriguez ) and People v. Baker (2018) 20 Cal.App.5th 711, 229 Cal.Rptr.3d 431 ( Baker ). In Rodriguez , a habeas corpus petitioner had committed statutory rape when he was 19 years old and two years la......
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People v. Brewer
...or article I, section 17, of the California Constitution in the trial court, he has forfeited the issue. ( People v. Baker (2018) 20 Cal.App.5th 711, 720, 229 Cal.Rptr.3d 431 ; People v. Speight (2014) 227 Cal.App.4th 1229, 1248, 174 Cal.Rptr.3d 454 ; People v. Kelley (1997) 52 Cal.App.4th ......
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3 books & journal articles
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Cruel and Unusual Non-Capital Punishments
...CAL. CONST. art. 1, § 17 (“Cruel or unusual punishment may not be inflicted or excessive fines imposed.”). 149. People v. Baker, 229 Cal. Rptr. 3d 431, 442 (Ct. App. 2018) (quoting People v. Carmony, 26 Cal. Rptr. 3d 365, 378 (Ct. App. 2005)). 150. People v. Palafox, 179 Cal. Rptr. 3d 789......
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Punishment
...or similar constitutional provision; weight afforded to each prong may vary by case. Cal. Const. art. 1, §17. In People v. Baker (2018) 20 Cal.App.5th 711 (review filed Apr. 3, 2018) the trial court found that the mandatory minimum sentence was disproportionate to the crime, but, rather tha......
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Table of cases
...People v. Baker (1954) 42 Cal.2d 550, §9:87, Appendix E People v. Baker (1974) 39 Cal.App.3d 550, §14:45.2 People v. Baker (2018) 20 Cal.App.5th 711 (review filed Apr. 3, 2018), §10:36 People v. Baldwin (2010) 189 Cal.App.4th 991, §9:28.10 People v. Balestra (1999) 76 Cal.App.4th 57, §10:27......