What is the test for applying the Witt standard in a motor vehicle accident case?
California, United States of America
The following excerpt is from People v. Hardy, 2 Cal.4th 86, 5 Cal.Rptr.2d 796, 825 P.2d 781 (Cal. 1992):
6 Because Witt, supra, 469 U.S. 412, 105 S.Ct. 844, was decided after defendants' trial, they argue it would be fundamentally unfair to apply the Witt standard here. We have previously rejected that claim (People v. Wharton (1991) 53 Cal.3d 522, 587-588, 280 Cal.Rptr. 631, 809 P.2d 290), and defendants fail to present persuasive reasons why we should reconsider that decision.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the phrase "as a result of" in a motor vehicle accident apply to a section of the Motor Vehicle Accident Act? (California, United States of America)
Does section 3110 of the Ontario Motor Vehicle Code of Civil Procedure (Motor Vehicle Accident and Accident Benefits Act) apply to a mechanic's lien claimant? (California, United States of America)
What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
How have the courts applied the proper standard of materiality in a case where a plaintiff had a good chance of surviving in a motor vehicle accident? (California, United States of America)
Can a plaintiff bring an action under the California Motor Vehicle Accident Prevention Act for damages arising out of a motor vehicle accident? (California, United States of America)
In a motor vehicle accident case, how have the courts interpreted the standard factor (a)-(b) and (b) instruction in determining the severity of the accident? (California, United States of America)
In a motor vehicle accident case, in what circumstances will a jury consider whether there is an aggravating or mitigating circumstance in determining which of the two most serious penalties apply? (California, United States of America)
What is the defense of accident or misfortune in a motor vehicle accident case? (California, United States of America)
Is an employer's claim for reimbursement under section 3852 of the California Motor Vehicle Accident and Accident Compensation Act limited to recovery for damages proximately caused by the accident? (California, United States of America)
What is the relevant case law on the sufficiency of evidence in a motor vehicle accident case? (California, United States of America)
