California Court of Appeal - March 2004 Opinion Summaries

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Description Date Docket #

IN RE DERRICK B.

California Court of Appeal
Criminal Law & Procedure, Juvenile Law, Sentencing
Penal Code section 290(a)(2)(E) confers discretion on all criminal courts, including those hearing juvenile delinquency matters, to order a person to...
03/23/2004 F043067

SWIFT v. DEP'T OF CORRECTIONS

California Court of Appeal
Criminal Law & Procedure, Government Law, Injury & Tort Law, Sentencing
Per Government Code section 845.8, parole agents are immune for actions related to the determination of whether to revoke parole. Defendant was...
03/23/2004 D041404

ARLUK MED. CTR. INDUS. GROUP, INC. v. DOBLER

California Court of Appeal
Probate, Trusts & Estates
The trustee of a revocable living trust has only one duty to creditors with claims pending against the deceased settlor's probate estate, which is to...
03/22/2004 B162954

PEOPLE v. ROBINSON

California Court of Appeal
Criminal Law & Procedure, Sentencing
Because the trial court short-circuited the proper procedure for a Wheeler motion in this death penalty case, the matter is remanded for a hearing to...
03/22/2004 B149425

PEOPLE v. BAIRD

California Court of Appeal
Criminal Law & Procedure, Sentencing
The punishment for a violation of Penal Code section 311.2(d), prohibiting the noncommercial distribution of child pornography to children, is...
03/22/2004 B166017

PEOPLE v. HARDACRE

California Court of Appeal
Criminal Law & Procedure
(Industry: Autos)

The speed trap exclusionary rules set forth in Vehicle Code sections 40803 and 40804 apply only when a defendant is charged with an offense involving...
03/22/2004 H025867

PEOPLE v. R.J. REYNOLDS TOBACCO CO.

California Court of Appeal
Injury & Tort Law, Media Law
(Industry: Consumer Products)

Defendant was properly found to have violated a provision of the Consent Decree prohibiting it from targeting youth in its print advertising of...
03/19/2004 D040854

PAC. LUMBER CO. v. CALIFORNIA STATE WATER RES. CONTROL BD.

California Court of Appeal
Environmental Law, Water Law
Under the Forest Practice Act, the Department of Forestry's exclusive jurisdiction over timber harvesting does not give it exclusive jurisdiction over...
03/18/2004 A102399

JORDAN v. ALLSTATE INS. CO.

California Court of Appeal
Insurance Law, Property Law & Real Estate
Though the policy exclusion for "wet or dry rot" includes the Poria fungus that attacked plaintiff's home, additional coverage is provided for a...
03/18/2004 B164112

PEOPLE v. HAYNIE

California Court of Appeal
Criminal Law & Procedure
Penal Code section 1026.5's privilege against self-incrimination bars the prosecution from questioning a person, committed after being found not...
03/18/2004 F043306
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