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California Court of Appeal - January 2002 Opinion Summaries

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Description Date Docket #

LYNCH v. WARWICK

California Court of Appeal
Legal Malpractice
The actual innocence requirement for a criminal legal malpractice case applies regardless of whether the former criminal defendant is seeking damages...
01/16/2002 D035507

PEOPLE v. SMITH

California Court of Appeal
Criminal Law & Procedure
Under Penal Code 1538.5, once a defendant challenges an unwarranted search as unreasonable, the prosecution must present evidence justifying the...
01/16/2002 D036108

GRAY v. SUPERIOR COURT (PEOPLE)

California Court of Appeal
Criminal Law & Procedure
Under the Sexually Violent Predators Act, Welf. & Inst. Code 6600 et seq., a post-filing split of expert opinion on whether a defendant is a...
01/16/2002 E029464

PEOPLE v. WILSON

California Court of Appeal
Criminal Law & Procedure, Sentencing
Although Penal Code 451.1(a)(5) provides for a sentence enhancement if arson is committed by use of an accelerant, the opening words of the statute,...
01/15/2002 B151042

MACKINNON v. TRUCK INS. EXCH.

California Court of Appeal
Insurance Law
A commercial comprehensive general liability insurance policy pollution exclusion excludes coverage for a third party personal injury claim arising...
01/15/2002 E028662

IN RE: VARNELL

California Court of Appeal
Criminal Law & Procedure, Sentencing
A trial court may use Penal Code 1385 to dismiss a prior conviction in order to enable an otherwise ineligible defendant to qualify for probation and...
01/15/2002 B153849

PEOPLE v. MASON

California Court of Appeal
Criminal Law & Procedure, Sentencing
Evidence that defendants were motivated by both the desire to rob and kill the victim is sufficient to support a felony-murder special circumstance...
01/15/2002 D035933

PEOPLE v. LEGAULT

California Court of Appeal
Criminal Law & Procedure, Sentencing
Proposition 36, which allowed certain non-violent drug offenders to obtain treatment and probation instead of a sentence, does not apply where...
01/11/2002 E028707

IN RE: SE. T.

California Court of Appeal
Family Law, Indian Law
When a vague Indian tribal designation is the only information a County Department of Health and Human Services and the juvenile court has of a...
01/11/2002 C037875

CALIFORNIA TEACHERS' ASS'N v. GOVERNING BD. OF THE HILMAR UNIFIED SCH. DIST.

California Court of Appeal
Education Law
A one-time payment to teachers based upon at least one criterion that is neither years of training nor years of experience is not subject to the...
01/11/2002 F035738
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