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Legal Opinion

People v. Cervantes

California Supreme Court

Decided August 27, 2001No. S083267PublishedCited by 60 opinions

1Opinion of the Court

Opinion

BAXTER, J.

This case presents a question concerning proof of proximate causation in a provocative act murder case. We granted review to decide *863whether defendant, a member of a street gang, who perpetrated a nonfatal shooting that quickly precipitated a revenge killing by members of an opposing street gang, is guilty of murder on the facts before us. We conclude that he is not.

Facts and Procedural History

Shortly after midnight on October 30, 1994, defendant and fellow Highland Street gang members went to a birthday party in Santa Ana thrown by the Alley Boys gang for one of their…

2Cases cited29 opinions

  1. Gilbert v. CaliforniaSupreme Court of the United States · 1967
  2. Keeler v. Superior CourtCalifornia Supreme Court · 1970
  3. People v. WashingtonCalifornia Supreme Court · 1965
  4. People v. ThomasCalifornia Supreme Court · 1945
  5. People v. GilbertCalifornia Supreme Court · 1965

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3Cited by60 opinions

  1. Ewing v. City of StocktonCourt of Appeals for the Ninth Circuit · 2009
  2. Torres v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2008
  3. People v. BlandCalifornia Supreme Court · 2002
  4. People v. GonzalezCalifornia Supreme Court · 2012
  5. People v. SlaughterCalifornia Supreme Court · 2002

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

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