What is the test for establishing that the law involved was necessary to the prior decision?

California, United States of America


The following excerpt is from Dep't of Forestry & Fire Prot. v. Superior Court of Plumas Cnty., C087374 (Cal. App. 2018):

of law involved was necessary to the prior decision and was ' "actually presented and determined by the court." ' " (People v. Gray (2005) 37 Cal.4th 168, 197.)

Other Questions


Does a statement by an appellate court of a rule of law necessary to the decision of the case on appeal conclusively establish that rule? (California, United States of America)
Can a defendant appeal his prior conviction for assault against a judge's decision not to strike one or more of his prior convictions? (California, United States of America)
Is establishing authorship necessary to properly authenticate a writing? (California, United States of America)
What is the test for establishing that entry sufficient to establish a burglary has occurred? (California, United States of America)
In what circumstances will a defendant be denied a jury's decision to dismiss evidence of prior criminal convictions? (California, United States of America)
Does a prospective juror's statement that he thought he could vote for the death penalty, if necessary, establish that he could not be a fair judge of the penalty question? (California, United States of America)
How have courts interpreted the rule that prior determination is not conclusive either if injustice would result or if the public interest requires that the prior determination not to be foreclosed? (California, United States of America)
What is the abuse of discretion standard for a review of a decision to strike or not to strike a prior conviction under section 1385 of the Criminal Code? (California, United States of America)
Does the trial court over the defense have to establish that outside sources were involved in the discussion? (California, United States of America)
Is there any evidence that prior contact between a convicted murderer and a member of a criminal gang prior to and after the murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.