Legal Opinion · Concurrence

People v. Blum

California Court of Appeal

Decided November 21, 1973No. Crim. No. 11314Published

1ConcurrenceElkington, J.

I concur with my colleagues in the affirmance of Blum’s judgment of conviction. But the concurrence is reluctant and compelled by the force of Auto Equity Sales, Inc. v. Superior Court, 57 Cal.2d 450, 455 [20 Cal.Rptr. 321, 369 P.2d 937], holding that “decisions of [the Supreme Court] are binding upon and must be followed by all the state courts of California. . . .”

There is no disagreement- with the expressed conclusions of my esteemed colleagues. But applying long recognized high authority, their opinion impliedly follows the “any substantial evidence” rule, and determines that Blum’s…

2Cases cited69 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Powell v. AlabamaSupreme Court of the United States · 1932
  4. Napue v. IllinoisSupreme Court of the United States · 1959
  5. Sheppard v. MaxwellSupreme Court of the United States · 1966

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