California Court of Appeal - January 2002 Opinion Summaries
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Showing Result 51 - 60 of 89
Description | Date | Docket # |
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LYNCH v. WARWICKCalifornia 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...
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01/16/2002 | D035507 |
PEOPLE v. SMITHCalifornia 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...
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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...
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01/16/2002 | E029464 |
PEOPLE v. WILSONCalifornia 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,...
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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...
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01/15/2002 | E028662 |
IN RE: VARNELLCalifornia 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...
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01/15/2002 | B153849 |
PEOPLE v. MASONCalifornia 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...
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01/15/2002 | D035933 |
PEOPLE v. LEGAULTCalifornia 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...
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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...
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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...
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01/11/2002 | F035738 |