1. Home
  2. Browse Decisions
  3. Cal.3d
  4. 6 Cal.3d
  5. 6 Cal.3d 150 (1971)
 

KAPLAN v. SUPERIOR COURT

Docket No. L.A. 29878.

6 Cal.3d 150 (1971)

491 P.2d 1

98 Cal. Rptr. 649

CLIFFORD ELLIS KAPLAN, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

December 1, 1971.

Attorney(s) appearing for the Case

COUNSEL

Frank L. Williams, Jr., Public Defender, John J. Resnick, James R. Goff and David W. Duncan, Deputy Public Defenders, for Petitioner.

Paul N. Halvonik, Charles C. Marson, A.L. Wirin, Fred Okrand, Lawrence R. Sperber, Karlton & Blease, Coleman A. Blease, Sheldon Portman, Public Defender (Santa Clara), and Rose Elizabeth Bird, Deputy Public Defender, as Amici Curiae on behalf of Petitioner.

Cecil Hicks, District Attorney, Michael R. Capizzi, Assistant District Attorney, and Oretta D. Sears, Deputy District Attorney, for Respondent and for Real Party in Interest.

OPINION

MOSK, J.

The dispositive question in this proceeding for writ of prohibition is whether the enactment of section 351 of the Evidence Code, declaring generally that "Except as otherwise provided by statute, all relevant evidence is admissible," operated as a legislative repeal of the "vicarious exclusionary rule" adopted by this court in People v. Martin (1955) 45 Cal.2d 755

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases