Legal Opinion
EDSEL P. v. Superior Court
California Court of Appeal
Decided March 18, 1985No. A027598PublishedCited by 15 opinions
1Opinion of the Court
Opinion
KLINE, P. J.
This case presents a due process challenge to application of the statutory presumption (Welf. & Inst. Code, § 707, subd. (c)) 1 that a minor alleged to have committed any of the serious offenses listed in subdivision (b) of section 707 is not a fit and proper subject to be dealt with under the Juvenile Court Law. It is specifically asserted that when the minor challenges the sufficiency of the evidence that he committed a listed offense the presumption cannot be applied unless the prosecutor first establishes a prima facie case.
Petitioner, Edsel P., was 17 years old at the…
2Cases cited37 opinions
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Goldberg v. KellySupreme Court of the United States · 1970
- In Re GAULTSupreme Court of the United States · 1967
- Gerstein v. PughSupreme Court of the United States · 1975
- Sandstrom v. MontanaSupreme Court of the United States · 1979
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3Cited by15 opinions
- Manduley v. Superior CourtCalifornia Supreme Court · 2002
- People v. Superior Court (Jones)California Supreme Court · 1998
- People v. Asean D.California Court of Appeal · 1993
- MARCUS W. v. Superior CourtCalifornia Court of Appeal · 2002
- Manduley v. Superior CourtCalifornia Supreme Court · 2002
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