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....4th 764, 773-774, fn. 5 [ 55 Cal.Rptr.2d 117, 919 P.2d 731] and accompanying text.) Here...[100 S.Ct. at p. 2385] and accompanying text.) The court noted that the practice of allowing conviction of a lesser offense necessarily included in a charged offense originated as an....]" ( People v. Flores, supra, 3 Cal.App.4th at p. 209.) Flores found a more authoritative and appropriate test, however, by...

...; see People v. Danielson (1992) 3 Cal.4th 691, 712 [noting the same test applies when the prosecution challenges jurors opposed....) 5. Trial court's refusal to order Dennis Morgan to undergo a blood test Near the close of the defense case, defense counsel...blood test. He argues that his own testimony that Morgan was present at the time Amanda suffered her fatal injuries provided the court with probable cause to order Morgan to give a blood sample. Because...

..., 103 S.Ct. at 1935-36, 76 L.Ed.2d at 46. In Hensley the Court adopted a hybrid methodology, combining the lodestar approach of Lindy Brothers with the twelve-factor test...

...organizations have violated any prong of the test. Specifically, plaintiff has failed to demonstrate a dangerous probability that defendants will succeed in monopolizing the Denver metropolitan area...

...) The proper test for determining a claim of insufficiency of evidence in a criminal case is whether, on the entire record, a rational trier of fact could find the defendant guilty beyond a.... III. Sufficiency of the Evidence "The proper test to determine a claim of insufficient evidence in a criminal case is whether, on the entire record...

..., 137 P.3d 184] ( Reed).) First, under the elements test, we look to the two statutes to determine whether in the defendant's commission of the...].) Because a person who has committed an attempted rape has not necessarily committed an assault, assault is not a lesser included offense of attempted rape under the elements ...not a lesser included offense under the accusatory pleading test. Nothing in the information's charges of attempted forcible rape alleged defendant possessed the present ability to inflict injury upon...

...]; Comment, supra, 56 Minn.L.Rev. at p. 1244.) (2) The test for determining the underlying reliability of a new scientific technique was described in the germinal case...Frye test and California courts, when faced with a novel method of proof, have required a preliminary showing of general acceptance of the new technique in the relevant scientific community...] [polygraph tests].) Some criticism has been directed at the Frye standard, primarily on the ground that the test is too conservative, often resulting in the prevention of the admission of relevant...

.... 40-46 (Tent. Draft No. 9, 1959); Model Pen. Code, § 3.09, coms. at p. 78 (Tent. Draft No. 8, 1958).) In short, the state has no legitimate interest in obtaining a conviction of murder when, by virtue...

...test some brown flecks on defendant's hands which appeared to be dried blood. After defendant's return about an hour later, Mr. Midyett from the district attorney's office arrived...repeating that in Watson we said `[T]he test, as stated in any of the several ways, must necessarily be based upon reasonable probabilities rather than upon mere possibilities; otherwise the entire...right to counsel or he has knowingly waived such right. I believe the crucial test at the accusatory stage is whether we may reasonably infer from the circumstances (and this, the United States...

...facts which point to the commission of a separate crime. The test of admissibility is relevancy. The test of inadmissibility is a lack of...if it has "some relevant bearing upon the issue being tried". Once more we find relevancy to be the test of admissibility. If the proffered evidence is relevant to a material fact in issue, it...evidence should be cautiously scrutinized before it is determined to be admissible. Nonetheless, relevancy is the test. If found to be relevant for any purpose save that of showing bad character or...

...— terminated Emilia's parental rights based on the four-factor best-interests-of-the-child test set forth in N.J.S.A. 30:4C-15.1(a...custody of Andrea. The court expressed some ambivalence about the final factor in the best-interests-of-the-child test...). We are satisfied that the family court correctly concluded that the Division established by clear and convincing evidence factors one through three of the best-interests-of-the-child test...

...modified position-of-attention test, in which the subject, standing with heels and toes together, tilts his head back and closes his eyes, then tries to stand as straight as possible without swaying.... Defendant swayed about two inches in a circular motion. Sterling did not consider defendant to have performed that test well. Sterling then demonstrated the next test, in which the subject walks as...straight as possible, forward and backward, with heels and toes touching. In performing the test, defendant sidestepped left to right about three inches. Sterling next demonstrated, and defendant performed...

...Ohio appeals from the judgment of the Athens County Municipal Court suppressing evidence of a breath-alcohol-content test administered to Colleen McNamara. The state alleges that the trial court erred...supporting the trial court's findings. The state also asserts that the trial court should have denied McNamara's motion because she did not present evidence of radio traffic during her test. We disagree...because McNamara presented sufficient evidence upon which the trial court could conclude that the APD radios were used during McNamara's test. Accordingly, we affirm the judgment of the trial court...

..., both the Panel and reviewing courts must apply the substantial evidence test in determining whether the evidence supports the ALJ's findings of fact. Sections 8-43-301(8) and 8-43-308, C.R.S. (1994...). In applying this test, we must view the evidence as a whole and in the light most favorable to the prevailing party. Industrial Commission v. Royal Indemnit...

..., 769 A. 2d 639, 645 (2000) ( Mitchell test "requir[es] courts to find that the primary subjective motivation behind such searches was to provide emergency aid...

...its text and a concept directly addressed in the Fourth Amendment. We adhere to the view that the Fifth Amendment protects against "compelled self-incrimination, not [the disclosure of] private...have not stood the test of time. The application of the Fourth Amendment to subpoenas was limited by Hale v. Henkel, 201 U.S. 43 (1906.... The Court's holding was: "Since the blood test evidence, although an incriminating product of compulsion, was neither petitioner's testimony nor evidence...

...substantive offense is proved. The test articulated in...States, 328 U.S. 781, 788-789 (1946), the Court's application of the test focuses on the statutory elements of the offense. If each requires proof of a fact that the other does not, the...Blockburger test is satisfied, notwithstanding a substantial overlap in the proof offered to establish the crimes. See Gore v. United States, supra. We think that the Blockburger...

...original jurisdiction, or on appeal in this court, as to those whose claims exceed the jurisdictional amount; and that when two or more defendants are sued by the same plaintiff in one suit the test...

...Commission's opinion a rational basis for its treatment of the evidence, and the "arbitrary and capricious" test does not require more. The question before the Commission was whether service on the routes...

..., even if it could be assumed that the present controversy is "capable of repetition" within the meaning of the Southern Pacific test, I am less than confident that the issues presented can...

...be a "school for gangs." While in high school, defendant received a 99 percent score on a college test in a class that his mother was attending. Defendant completed high school in a juvenile facility...court initially performed a visual test, by having a shackle placed upon defendant's leg and sitting in each of the juror chairs in the front row. The court determined that the chain was visible only from...disprove any disputed fact that is of consequence to the determination of the action." (Evid. Code § 210) "The test of relevance is whether the evidence tends `logically, naturally, and by reasonable...

...intellect and free will.'" ( Mincey v. Arizona (1978) 437 U.S. 385, 398.) The test for determining whether a confession is voluntary is...offer of proof, he "passed" the polygraph test regarding the death of Weeden. He argued that evidence of the test results was relevant to identify Weeden's murderer and he sought to introduce the.... Espinoza (1992) 3 Cal.4th 806, 818 [exclusion under Evid. Code, § 351.1 of defendant's offer to take a polygraph test did not violate due...

...this court to reconsider the requirement that a defendant present something more than statistical evidence of a disparity to satisfy this prong of the three-part test for establishing a prima facie case...

...other substances, such as meat or vegetables, a human precipitant test was conducted. The result was not positive, indicating either that no human blood was present or that the sample used was too..., 784 P.2d 633].) "Pursuant to [California Constitution, article I,] section 28[, subdivision] (d), materiality is evaluated by the test of Illinois v. Gates (1983...doubt.' [Citations.] The focus of the substantial evidence test is on the whole record of evidence presented to the trier of fact, rather than on `"isolated bits of evidence."' [Citation...

...disregard questions posed to Dr. Bittle regarding defendant's intent to commit the crime and any answers to such questions, explained that any objections to such questions were proper, and read the text...been given to that question. Any objection [ sic] made to such questions are proper objections under the law." The court read the text of section 29 and continued: "So there were some questions...unreliable, unscientific, and irrelevant, because, among other things, the examiner cannot ascertain whether someone performs poorly on a test simply because he or she is distracted, not interested, not trying...

...psychological test results and Dr. Walker's notes and testimony, that Coffman was exaggerating her symptoms, was possibly malingering, and did not suffer from posttraumatic stress disorder, although.... In that context, however, Dr. Walker clearly was commenting only on the validity of Coffman's test results, not her general credibility...circumstance allegations. The test applied by the trial court in ruling on a motion for acquittal is the same test applied by the appellate court in reviewing a conviction for sufficiency of the evidence...

.... The second part of the Strickland test requires a petitioner to show that counsel's conduct prejudiced him. Id. at 691-92. Prejudice is found wher..., 60 Cal.Rptr.2d 1, 928 P.2d 485.) "For ambiguous instructions, the test is whether there is a reasonable likelihood that the..., 1227-1228, 45 Cal.Rptr.3d 353, 137 P.3d 184 (Reed).) First, under the elements test...

...Cal.Rptr.3d 236, 86 P.3d 302], "[t]he exact test is not critical to our resolution of this case. The facts here do not give rise to any reasonable...true test is not the duration of time as much as it is the extent of the reflection. Thoughts may follow each other with great rapidity and cold, calculated judgment may be arrived at quickly.... Dr. Kaufman administered a variety of tests, including the Wechsler Adult Intelligence Scale (WAIS), the Wide Range Achievement Test, the Lateral Dominance Examination, hand dynamometer, the...

...court's instruction differed slightly from the written text of defendant's requested instruction in that the trial court referred to the "failure of the defendant to testify" while the wording of.... Vouching for Witnesses Prior to calling Jennifer Warsing to testify, the prosecutor read to the jury the entire text of the immunity agreement between the Amador County...standardized competency test, evaluating defendant in a number of areas in accordance with standards promulgated by the National Institute of Mental Health. In rating defendant in the various areas on...

..., interpreted the results of a BEAM (brain electrical activity mapping) test performed on defendant. Dr. Kowell opined that the test results showed a dysfunction in defendant's temporal or left parietal...be set aside if the court finds prejudice under either test." The evidence of misconduct consists of declarations prepared by the defense for Jurors Mary Ann F., Karen H...killing her because he was under the influence of methamphetamine. Defense witness Andrews, who as a nurse examined jail inmates for health problems, testified that she did not test defendant's blood for...

..., a small tent and a motorcycle were there. Defendant stepped out of his truck, tied a red bandana around his head, got his gun and checked to see if anyone was there. Kersting heard defendant tell...Eggett's autopsy such as the improper washing of Eggett's body, the failure to test brown fluid in Eggett's stomach, and the failure to check whether Eggett had pellets in just one leg or both legs...cross-examination concerning defendant's test responses, which indicated strong manipulation, dangerousness, and patterns of violence. Although counsel had considered calling Robin Stingley to testify...

...." Officer Dapser administered a Breathalyzer test to defendant, which revealed that his blood-alcohol content was .078 percent approximately 80 to 90 minutes after the traffic...for cocaine," but that a confirming test never was administered. Finally, two witnesses testified regarding events following the attack upon Jennifer S. Andrew Holtz, a former...evidence is defined in Evidence Code section 210 as evidence "having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." The test...

...Gregory Laskowski test fired that weapon and compared the resulting bullets to those retrieved from the bodies of Clark and Benintende. The bullets had matching characteristics, leading him to conclude..., memory, identity, or perception. The disturbance may be sudden or gradual, transient or chronic." (Am. Psychiatric Assn., Diagnostic and Statistical Manual of Mental Disorders (4th ed. 2000, text rev.... The court altered the standard text of CALJIC No. 8.84.1 by instructing the jury to consider: "(f) Whether or not the offense was committed under circumstances which the...

...Robert Garbutt testified that bullets found at the scene of the murders had rifling characteristics similar to test shots fired from the .22-caliber High Standard revolver that was found in Donna Roberts's...murders. Bullets test-fired from this gun had rifling characteristics similar to bullets found at the scene of the murders. Defendant also had written a list of the guns stolen from the victims' house...

...).) "As to the third element of the Duren test, a defendant does not meet the burden of demonstrating that the underrepresentation was due to systematic exclusion, by establishing only..., given the considerations weighing against widespread use of court-ordered psychiatric examinations to determine testimonial qualifications (see text discussion , ante), we cannot say on this.... To determine whether federal speedy-trial rights were violated, courts apply a balancing test involving four factors: length of the delay, the reason for the delay, the defendant's assertion of...

.... Denial of Lineup At trial, defendant moved on due process grounds to have Mr. and Mrs. N. attend a lineup in order to test their ability to make an identification. The...does not require a right to a lineup so as to test the reliability of "other crimes" evidence during the penalty phase of a capital trial. The People reason as follows. Differing treatment is...exists during the guilt determination." Due process, therefore, does not demand that, in the penalty phase of a capital case, a lineup be required to test the reliability of eyewitness identifications...

...were consistent with paraquat poisoning, but that because they had been prepared incorrectly in an inappropriate preservative, the laboratory could not test for paraquat. In...asked whether he could analyze the contents for paraquat. After investigation, he determined that there was no toxicological test that could disclose paraquat in the tissue, because the tissue had been...letter from the Bethesda Naval Hospital was consistent with this view. The loss of the jar containing tissue samples was insignificant, because preservation in formalin made it impossible to test for...

...question defendant's assertion that Heredia's act of summoning Detective Kennedy, Kennedy's subsequent exchange with defendant (including the request that defendant permit the police to test his jacket for...least an area within which the victim reasonably could be expected to exercise physical control over the property taken; this test may be met even if the property was located in another room of the..., but instead assumed error and found no prejudice under the "reasonable probability" test. As defense counsel observed in his argument to the jury, the physical evidence suggested...

... 1. Denial of Funding Request for an Alcohol-induced Electroencephalogram Test Defendant contends the trial court...erroneously denied his multiple requests for funding to conduct an alcohol-induced electroencephalogram (EEG) test, thus violating his statutory rights under section 987.9 and various state and...form the requisite specific intent of the charged offense. The court denied each request because it doubted whether the test results would be admissible, whether the test could duplicate a person's...

..., he implied that a close or contact shot was unlikely since his test-firings indicated that the Remington tended to leave marks in such cases. Fox acknowledged, however, that Remington rifles typically..., Criminalist Fox testified that even though he had investigated 400 gunshot cases over the course of his 24-year career, he had never before used a towel test to assess gun residue and firing distance.... Fox decided "at random" to test-fire the Millwee rifle from three distances — ten feet, five feet, and point-blank range. He did not test the effects of firing the Remington at close range where no...

...heard defendant tell Moody he was surprised at how many shots the Uzi had fired with one light pull of the trigger. Defendant stated he had test-fired the Uzi in his backyard earlier that day. Defendant...community in attempting to prove the denial of a representative jury venire. He attempted to meet the second prong of the Duren test by demonstrating a disparity between the percentage of African...v. Mayfield, supra, 14 Cal. 4th at pp. 790-791 [applying substantial evidence test to proof of this special circumstance].) There was substantial...

...-854.) 8. Failure to preserve and test evidence Defendant claims the prosecution violated his right to due...came from hammer blows to the victim's head or from the victim's falling off the bed; (2) it failed to test the clotted blood on the floor for the presence of fibrinogen, which could have disproved Dr.... Hunter's theory that the victim was alive when the bleeding occurred; (3) it failed to promptly test the blood found on a knife at the scene of the crime, so that by the time the blood was tested it...

...abnormality on the right side of the brain, mostly localized in the right temporal lobe. This impaired defendant's ability to understand auditory information. The test of cognitive ability, the ability to...from the jury panel, and that she did not indicate she would refuse to weigh the evidence during the penalty phase. (3) The test is not whether the juror would refuse to weigh the evidence..., 4 L.Ed.2d 242]), and the need to test the voluntariness of a confession on the basis of "the totality of all the surrounding circumstances — both the characteristics of the accused a...

..., ejecting her from the car. He did not strangle or kill her. Detective Coffey told defendant he intended to test bodily fluids found at the crime scene. Defendant then admitted having...[ 108 L.Ed.2d 369, 110 S.Ct. 1227] [same test of relevance applies to mitigation at penalty phase as in any other context...

...an intoxilizer test, which the police administered. At trial, the parties stipulated that two readings from the test indicated defendant...considerations in forming a course of action; `premeditation' means thought over in advance. . . . `The process of premeditation and deliberation does not require any extended period of time. "The true test is not....) "We need not, and do not, reach the question whether the sufficiency-of-evidence review specified in the text is required under the due...

...stricter test of Witherspoon v. Illinois (1968) 391 U.S. 510 [88 S.Ct. 1770...innocent intent by multiplying instances of the same result until it is perceived that this element cannot explain them all. Without formulating any accurate test, and without attempting by numerous..."the test for that is completely up to you." In context, the prosecutor properly argued it was for the jury to decide what evidence was mitigating and what was aggravating. Also without objection, the...

..., supra, 15 Cal.4th at p. 1316.) As the four-part test is stated in the conjunctive, joinder may be appropriate even though the evidence is not cross-admissible and...defendant satisfied only the first prong of this test. We have recognized that Hispanics are a cognizable group. ( People v. Ramos (1997...which test better measures alleged violations of the cross-section right or what degree of disparity is impermissible. ( Ramos, supra...

...fingernails collected at the crime scene tested positive on a presumptive test for blood, but because of a laboratory problem she could not determine whether the substance was human blood...involved. One way to clear him is with a polygraph. It's strictly voluntary, and sorry for the disturbance . . . .' " Defendant then asked, in Aquino's words, "if he passed the test...would we leave him alone," and Aquino responded, "Lester, if you're not our suspect, I'm not going to waste the investigation time with you." Defendant changed his mind and agreed to take the test. He...

..., defendant sought discovery of the records of Dr. Fricke, Dr. Wilkinson and Chope Hospital, generally seeking "[a]ll charts, test results, documents, records, memoranda, reports, etc., however.... Williams, supra, 16 Cal.4th at pp. 680-681.) The evidence here more than meets the legal test. Garrison's testimony was amply...

.... California Department of Justice Criminalist James Hall testified regarding the analysis performed on the stain found on Amy's slip, indicating that an electrophoresis test was inconclusive...as to whether the stain was from seminal or vaginal fluid. On cross-examination, Hall testified that a different test, known as the "P-30" test, indicated the presence of a protein that is a component...evidence is defined in Evidence Code section 210 as evidence `having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.' The test of...

... (17) Defendant also argues that the trial court erred in preventing him from asking prospective jurors to test their own impartiality by placing themselves in his position. The prosecutor...

...appeal, we do not examine the existing record to attempt to divine whether the People could have carried their burden of proof had they been put to the test. Defendant fails to recognize that...Cal.Rptr.2d 738] [abuse of discretion if questioning allowed is not reasonably sufficient to test the jury for bias or partiality]; People v. Chaney (1991...

...by defendant, and either he or Skuse could have contributed the latter. A purple robe that Skuse was wearing was semen stained; the semen reacted to a test for type B antigen, consistent with what...assistance of counsel under the federal or state Constitutions must show both deficient performance under an objective standard of professional reasonableness and prejudice under a test of reasonable...prejudice under a test of reasonable probability of a different outcome. Defendant concedes that the significance of the hair samples is unknown. On this record, therefore, it is impossible to find...

...test the jury for bias, and thus the trial court did not abuse its discretion. ( People v. Waidla, supra, 22 Cal.4th at pp. 713-714...establish bias and test the prospective jurors' feelings and attitudes toward the death penalty. We conclude that the trial court did not abuse its discretion...consider the actual bias test of People v. Jackson (1985) 168 Cal.App.3d 700, 705 [ 214...

..., supra, at pp. 1086-1087 [rejecting a per se reversal test].) We thus reject the claim. 3. Instruction..., 110 S.Ct. 1190] [for ambiguous instructions, test is whether there is a "reasonable likelihood" the jury misunderstood and misapplied the instruction...only the first part of the test. We must still determine whether counsel's performance resulted in prejudice, that is, whether there is a "reasonable probability that, but for counsel's unprofessional...

...Lewis. But Simmons also confirmed he had testified in an earlier juvenile court adjudication (see fn. 4, post, and accompanying text) that "Barry told Snoop Dog [also known as...either prong of the foregoing test. Defendant established neither that Cox was acting "under the direction of the government.... (13b) "Where [— as here —] the informant is a jailhouse inmate, the first prong of the foregoing test is not met where law enforcement officials merely accept information elicited by the...

...existence of every fact the trier could reasonably deduce from the evidence in support of the judgment. The test is whether substantial evidence supports the [conclusion of the trier of fact], not...

..., Witherspoon's "automatic vote" test has been replaced by a different formulation asking whether the prospective jurors' views on capital punishment would prevent or substantially impair the performance of...instruct (CALJIC No. 2.13) that a witness's prior inconsistent statements may be considered to test the witness's credibility and also as evidence of the truth of the facts stated. Likewise, the court..., rather than contradiction in express terms, is the test for admitting a witness' prior statement [citation], and the same principle governs the case of the forgetful witness.' [Citation.] When a...

...putting me on." He suspected defendant was malingering at times. But at times defendant would neglect to malinger and Dr. Palmer was able to observe him. When Dr. Palmer administered a Rorschach test..., defendant appeared "not [to be] malingering," but instead to be "confused." Dr. Palmer opined that defendant may have given absurd answers to test questions because he admittedly had used...and very prison-wise." Defendant exaggerated abnormal behavior when taking the Minnesota Multiphasic Personality Inventory (MMPI) test. Dr. Boer concluded that defendant "is competent and he is...

...) 39 Cal.3d 765, this court construed the test of legal insanity adopted in June 1982, by initiative (Prop. 8) as Penal Code section 25, subdivision.... . . of understanding that [the act] is wrong, he is legally insane under the California formulation of the M'Naghten test." ( Skinner, at p. 782.) The defendant must know that the act was...kill another human being and that therefore the killing was morally justified and was not `wrong' " would meet that prong of the insanity test. ( Id. at p. 783.) A person "who is incapable of...

... court erred in denying the requested discovery, in particular the discovery of the most recent master list and the administration of new jury surveys to test for race, age...and exclusive remedies prior to conviction to test the unreasonableness of a search or seizure where the person making the motion . . . is a defendant in a criminal case and the property or thing has...defendant's test. Defendant argued that, notwithstanding Evidence Code section 351.1, the polygraph testimony was relevant and should be admitted. The court denied the motion. (17...

...1980. Dr. Donald Viglione, a clinical psychologist, administered a Rorschach test to Flores to determine whether his personality was more consistent with dependent traits or...antisocial or psychotic traits. Based on the test results, Viglione opined that Flores had dependent personality traits. 4. Defendant's.... ( People v. Waidla (2000) 22 Cal.4th 690, 713-714.) Such discretion is abused "if the questioning is not reasonably sufficient to test the jury...

..., 972-973 [ 4 Cal.Rptr.3d 131, 75 P.3d 53] ( Heard).) The test of relevance is...

...malice — an element of second degree murder — is not an element of felony murder. Here, at the very least, second degree murder was a lesser included offense under the accusatory pleading test.... 116.) The majority misconstrues defendant's argument as well as the substantial evidence test in the context of lesser included offense instructions. The issue is not whether the robbery evidence...failure to test that blood went to the heart of the defense. The defense was to put the People to its proof. During closing argument, defense counsel argued that the prosecution failed to prove, beyond a...

...pavement leading to Pierce Road, one may have been type A or a mix of type A and type O; the other two were insufficient to produce test results. Inside Zavala's apartment, there were...cooperating with counsel, the substantial-evidence test is satisfied.'" ( People v. Stankewitz (1982) 32 Cal.3d 80, 92...of Dr. McKinsey and Dr. Missett did not meet this test. First, although Dr. McKinsey attended the court hearing and offered his opinion, he had not had any opportunity to...

.... Sergeant Wolfley's hands were tested for gunshot residue. The test showed "very low levels of antimony." These levels were consistent with having handled a firearm but were inconclusive as to...damage, but a test firing of the same gun with the same ammunition would be needed to reach any certain conclusion. Sergeant Wolfley's gun was test-fired by Norm Wallis, a...criminalist employed by the San Bernardino Sheriff's crime laboratory. The test was conducted by firing the gun at 1-foot-square pieces of poster board at distances ranging from 12 inches to 42 inches. The...

...location. The other two suspects were not found. Lavera underwent a gunshot residue test with negative results. Later that day, Jose Alvarado was cleaning his yard at 940 West 73d...opinion thereon until the cause is finally submitted to them." (Stats. 1969, ch. 520, § 2, p. 1131.) Subsequent to the trial in this case, section 1122 was amended to designate the existing text as...impairment in reality testing and no major mental disturbance, but that a personality test did reveal what today would be termed antisocial personality traits — might well have been a reasonable...

..., 697.) "Under both state and federal law, courts apply a `totality of circumstances' test to determine the voluntariness of a confession. ( Withrow v. Williams (1993....) We reject respondent's argument that "since the appropriate standard of proof to be applied is a procedural questi...Inventory and the Rorschach Projective Personality Test. Defendant told him the voices in his head argued over whether to rape Michelle D., the...

...concerning the results of psychological tests she performed on defendant. His intelligence quotient was in the low average range, but he scored much lower on the verbal test than on other aspects of the...[ 8 P.2d 898] [court is not required to accept the parties' stipulation on issues of law].) Defendant relies on the test established to determine...in the habeas corpus proceeding as well as this court's decision in Ledesma I. That decision quotes the full text of Dr. Glathe's report and includes a summary of Dr. Glathe's testimony at the...

..., and the Bender-Gestalt visual motor test. (She acknowledged she had no formal training in the administration of the Luria-Nebraska tests.) She also analyzed the results of tests conducted one month...in a bicycle accident at 13 years of age, and again in 1972, when he was struck on the head by a billy club wielded by a police officer. According to Dr. Friedman, the test...coordination, hearing, vision, receptive speech, expressive speech, and memory, fell within the normal range. Defendant's score on the intelligence quotient test initially was 82 (the lower average range...

...standard of professional reasonableness and prejudice under a test of reasonable probability of a different outcome." ( People v. Davis (1995...deficient performance under an objective standard of professional reasonableness and prejudice under a test of reasonable probability of a.... The police then asked defendant to take a polygraph test. He refused initially, but eventually agreed to it. The police told him he could choose to take the test or be arrested for kidnapping. He...

...were elicited primarily at a pretrial suppression hearing and will be discussed later in the text. At trial, Leffel testified that defendant volunteered his involvement in several crimes which he and...be discussed later in the text. Defendant told Vincent in part, "The guy [Doss] grabbed Schultz's gun. Schultz got away.... In this section of the text, we refer to defendant's most recent Michigan murder conviction as the "1984 murder." Elsewhere, however, the opinion refers to the sam...

.... A criminalist compared the bullets and bullet fragments recovered from Sams's body and from the dumpster in which he was found with bullets test-fired from the Ruger and Smith Wesson handguns...neuropsychological test results that were consistent with mild diffuse brain damage. Defendant had "one of the most extraordinarily chaotic childhoods" Dr. Crinella had ever seen. Defendant was...him (Evid. Code, § 1220; People v. Davis, supra, 36 Cal.4th at p. 535), as long as they satisfy the test of relevance. Relevant...

..., defendant bears the burden of showing ineffective assistance. He must show (1) deficient performance under an objective standard of professional reasonableness, and (2) prejudice under a test of...

...insanity . . . the true test must include consideration of the somewhat limited extent to which this defendant could maturely and meaningfully reflect upon the gravity of his contemplated act...Cronic. "When we spoke in Cronic of the possibility of presuming prejudice based on an attorney's failure to test the prosecutor's case, we indicated that the attorney's failure must be...

...court's discussion as a whole made clear it did apply the correct test. Indeed, it expressly found that the jury's verdict was "certainly supported by the weight of the evidence presented." The court's...

...it. DNA test results for the genetic materials collected in the case (i.e., blood, hairs, scrapings from the victim's fingernails) did not point to defendant. Roger Green...hearing conducted on retrial. There, in the context of litigating whether Cornwell's testimony was coerced (see text discussion, ante, pp. 444-445) — and with the burden of proof on the People..., 83 S.Ct. 407] ( Wong Sun).) Rejecting a strict "but for" test, the United States Supreme Court has admonished that...

...precipitating psychosocial stressor, marked apathy, suspiciousness, or paranoid ideation.” (American Psychiatric Assn., Diagnostic and Statistical Manual of Mental Disorders (4th ed. text rev.2000) p. 187...positives. The witnesses also disputed the defense expert's interpretation of the test results. According to Neurologist Douglas Goodin, M.D., under the defense expert's analysis, “almost everybody in the...( Campbell ) (1975) 51 Cal.App.3d 459, 464, 124 Cal.Rptr. 158 [“the test, in a...

...any, are matters for your determination." (CALJIC No. 2.03.) Defendant's argument is belied by the text of the instruction itself. The instruction on its face did not...-evidence review specified in the text is required under the due process clause of the Fourteenth Amendment to the United States Constitution and/or the due process clause of article I, section 15 of the...would have been based on decision that was later overruled; test of prejudice is not outcome determination alone, but impact on fairness of the adversary proceedings].) To the extent defendant...

...May and Harris test because the statement was not incriminating in the required sense." By this he means the statement "was not impeaching because it was untrue, was not inculpatory, and was...

...taken from that examination tested presumptively positive for the presence of sperm cells, and criminalist Randall Robinson visually detected the presence of sperm cells. The ABO blood type test...technical procedures, if any, Merritt used to test the stain. In Schmitter's opinion, Merritt and SERI should have tested the sample twice and reported only consistent results. Schmitter...method or process that requires an analysis under the test established in People v. Kelly (1976) 17 Cal.3d 24...

...test their sincerity based on past conduct. Defendant's claim lacks merit. H. Denial of automatic motion for modification of death...this test. We have rejected all defendant's appellate claims of trial court error and misconduct, finding no basis therein, singly or cumulatively, for reversal of the guilt or...penalty means that the taking of life is not that serious an offense." In the prosecutor's view, the biblical text quoted meant that "[preserving the life of a murderer compromises the value of life," a...

.... Notably, Delaney adopted a different and less onerous test for a criminal defendant's discovery of information covered by the shield law than the one set out in...during which defendant confessed to the three killings. Defendant asserts that "gaping blanks in the text" would have alerted jurors to his commission of uncharged crimes. Defendant contends the...transcript of the recordings. But after the trial court overruled that objection, defendant did not object to the blank spaces in the transcript text. Thus, he has not preserved this issue for review...

...defendant or Nguyen. MacWillie found three unidentified prints inside the car, but could not exclude defendant or Nguyen as the donor. Criminalist Nathan Cross test fired the gun...test results were consistent with an antisocial personality disorder. Dr. Anderson did not ask defendant questions to explore such a diagnosis, or learn about his criminal history...prosecution failed to conduct necessary tests or performed any testing in a deficient manner. Rather, he claims only that the prosecution should have preserved the car from which forensic test results were...

...[280 Cal.Rptr. 692, 809 P.2d 351] [two-pronged test for ineffective assistance of counsel claim...revealed that Pridgon was possibly faking responses to his test questions in a way that would suggest mental disorder. (RT 5958-60.) Dr. Pickering suggested that Pridgon pretends to be slower than he...assistance of counsel in Strickland v. Washington, 466 U.S. 668, 685-87 (1984). Strickland propounded a two-prong test for...

..., diluted this with 0.2 milliliters of saline solution, and divided the sample in half. The first test on one-half of the sample showed 14.5 sigma units of acid phosphatase. The test on the other half...and reliability of the tartrate buffer test to identify acid phosphatase as prostatic acid phosphatase; one expert went so far as to say that the tartrate buffer test was worthless and that prostatic...review for abuse of discretion. Subsequent decisions, including those cited in the text, clarify that such a finding is examined for substantial evidence. During voir...

..., 46 P.3d 335].) Rather, "the test is whether the record as a whole demonstrates that the defendant understood the disadvantages of self-representation, including...

...a key from the motel office, opened the room, and entered it. Cunningham, Stevenson, and Brown (who carried a bottle of Clorox bleach to test the purity of the cocaine) followed...entered the room. Defendant was carrying the shopping bag with yellow wrapped packages inside. He placed the bag on the dresser near the Clorox bottle. Barnes and Brown set to work to test the cocaine..., while defendant and Hicks stood near the door. Before the test could be completed, Cunningham heard gunfire. He immediately rolled off the bed onto the floor. Stevenson screamed...

..., 501-502.) As noted above in the text, defendant's jury received instructional language which, consistent with Booth, prohibited consideration of "sympathy for the victim or his family...

...due to systematic exclusion of the group in the jury selection process.' [Citations.] If a defendant demonstrates a prima facie case of systematic underrepresentation under this tripartite test, the...], for the tripartite test.) Resolution of defendant's claim on appeal presents a mixed question: Application of the constitutional standard is a question of law on which this...the tripartite test articulated in Duren v. Missouri, supra, 439 U.S. 357. The first element of the test is...

...that would render it unlikely that the defendant would receive a fair trial.' ( Id., subd. (a)(1).) The statute `articulates a two-part test: "(i) is there a conflict of interest?; and (ii) is...243], test applies. ( People v. Parson, supra, 44 Cal.4th at pp. 357-358; People...v. Coffman and Marlow, supra, 34 Cal.4th at p. 101; People v. Prieto, supra, 30 Cal.4th at p. 249.) Under that test...

.... Wardlow (2000) ___ U.S. ___, ___ [ 120 S.Ct. 673, 676-677].) This test permits a...

...final bracketed text in original.) Defendant relies upon a remark in People v. Daniels (1991) 52 Cal.3d 815...

..."intent to kill" requirement applied nonetheless. (8a) As we have observed in numerous cases, we apply the tripartite test of People v. Anderson (1968...knife to carry out that plan. (8b) Our cases hold that planning activity occurring over a short period of time is sufficient to find premeditation. "`The true test is not the duration of time...? "THE COURT: Right. "MR. TOTON: So that if I understand, it's the second prong of [the Hammarley test relied on by the Hallissy court] which is...

...abandoned the one who might resist him in any way or testify as to his acts, provides substantial evidence of a planned killing, "the most important prong of the Anderson test...338], for example, we said that the unusual circumstance that the defendant had his curtains drawn was evidence of planning under the Anderson test. (See also People v. Lucero...that since the jury could not weigh Angela's demeanor and test her credibility, admission of her statement was a violation of the right to confrontation. He cites no authority. Evidence admitted under...

...from the garage at the Harbour Way residence, where, as noted above, defendant had test-fired a handgun. Because he had only bullet fragments with which to make a comparison, Schorr could not be...defendant asked Beach to testify that the gun that defendant had test-fired at the Harbour Way house had been a .25- or .32-caliber weapon — and not a .22-caliber firearm. Although defendant told Beach...." ( Strickland, supra, 466 U.S. at p. 694.) The evidence of defendant's guilt was very strong. He test-fired a gun shortly before the killings; the bull...

...gave in the MMPI test administered by Dr. Rath did not match a PTSD profile established by prominent psychologists, and his answers in the...MMPI test administered by Dr. Williams suggested he was faking his symptoms. II. Trial Issues A. Trial...; second, as a basis for arguing that defendant had falsely answered questions in the MMPI test on which Dr. Williams relied in concluding that defendant was suffering from PTSD. There was no prosecutorial...

...five different psychiatric disorders, among which paranoia primarily affected his competency. Twice Dr. Axelrad administered a test to assess defendant's competency to stand trial. The results of the...first test marginally supported a competency finding, but Dr. Axelrad believed defendant incompetent. The results of the second test marginally showed incompetency. Test scores depended on Dr. Axelrad's...a per curiam opinion in that case, the high court observed it is not enough for competency that the defendant is oriented to time and place and has some recollection of events; rather, "the `test...

...evidence test is satisfied and a full competence hearing is required but the trial court fails to hold one, the judgment must be reversed. ( Ibid.) "Substantial evidence...with counsel, the substantial-evidence test is satisfied." In the present case, neither defendant nor defense counsel presented substantial evidence of defendant's incompetence to...a defendant to cooperate with cocounsel is not in itself proof of incompetence. "[T]he test, in a section 1368 proceeding, is competency to cooperate, not cooperation." ( People v. Superior...

...a desire to favor one side against the other. You must not decide an issue by the simple process of counting the number of witnesses [who have testified on the opposing sides]. The final test is not...[ 73 Cal.Rptr.3d 620, 178 P.3d 1113] [the state "reasonable possibility" test is essentially the...same as the federal "beyond a reasonable doubt" test for harmless error].) Defendant does not argue the jury might have been confused about how to consider penalty phase evidence...

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