Legal Opinion

People v. Superior Court

California Court of Appeal

Decided September 29, 2005No. A111119PublishedCited by 9 opinions

1Opinion of the Court

Opinion

PARRILLI, J.

Does a person “willfully resist” a peace officer when that person flees from an officer attempting a lawful arrest? In this writ proceeding the People seek relief from a trial court order setting aside two counts charging violations of Penal Code section 148.10, 1 which applies when a person who willfully resists a peace officer discharging his or her duties proximately causes the officer to suffer serious bodily injury or death as a consequence of that person’s willful resistance. The People argue the trial court erred in concluding flight does not constitute “willful…

2Cases cited11 opinions

  1. California Teachers Ass'n v. San Diego Community College DistrictCalifornia Supreme Court · 1981
  2. People v. PietersCalifornia Supreme Court · 1991
  3. Day v. City of FontanaCalifornia Supreme Court · 2001
  4. Quintano v. Mercury Casualty Co.California Supreme Court · 1995
  5. Hutnick v. United States Fidelity & Guaranty Co.California Supreme Court · 1988

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Lexin v. Superior CourtCalifornia Supreme Court · 2010
  2. OCM Principal Opportunities Fund, L.P. v. CIBC World Markets Corp.California Court of Appeal · 2008
  3. Hoffman Street, LLC v. City of West HollywoodCalifornia Court of Appeal · 2009
  4. Purifoy v. HowellCalifornia Court of Appeal · 2010
  5. People v. FloresAppellate Division of the Superior Court of California · 2009

4 more not listed; retrieve them via the Exa API.

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