California Court of Appeal - November 2004 Opinion Summaries

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Description Date Docket #

PEOPLE v. JUAREZ

California Court of Appeal
Criminal Law & Procedure, Sentencing
Defendant's sentence for a carjacking conviction is reversed where the trial court committed Apprendi-Blakely error when the judge, rather than a...
11/16/2004 B165580

PEOPLE v. WILSON

California Court of Appeal
Criminal Law & Procedure, Evidence
Defendant's first degree murder conviction is affirmed over his challenge that the trial court erred by failing to exclude testimony on the frequency...
11/16/2004 A101459

PEOPLE v. CALDERON

California Court of Appeal
Criminal Law & Procedure, Evidence
The trial court's determination that defendant is a sexually violent predator is affirmed over defendant's challenge to the trial court's exclusion of...
11/16/2004 B167621

BABY DOE v. BONTA

California Court of Appeal
Government Benefits, Health Law
A writ of mandate, ordering the California State Department of Health Services to operate its Child Health & Disability Prevention Gateway program...
11/15/2004 A104965, A106082

PEOPLE v. DOVE

California Court of Appeal
Criminal Law & Procedure, Sentencing
A factual finding that a defendant did not possess or transport a controlled substance for personal use, for purposes of Proposition 36 sentencing,...
11/15/2004 E033907

WILSHIRE INS. CO. INC. v. SENTRY SELECT INS. CO.

California Court of Appeal
Injury & Tort Law, Insurance Law
The district court properly declared that plaintiff-insurance company was entitled to contribution from defendant-insurance company for expenses...
11/15/2004 G033136

PEOPLE v. KLEINMAN

California Court of Appeal
Criminal Law & Procedure, Sentencing
A restitution order made when a defendant is placed on probation does not terminate when defendant's probation is revoked.
11/12/2004 B170598

PIEDRA v. DUGAN

California Court of Appeal
Health Law, Injury & Tort Law, Professional Malpractice
A physician can not be held liable for battery when he does not intentionally violate the conditions of a consent to treatment form.
11/12/2004 G032653

PEOPLE v. KNOX

California Court of Appeal
Criminal Law & Procedure, Sentencing
A fine imposed as part of a plea bargain is valid where the court properly advises the defendant of the restitution fine prior to acceptance of his...
11/10/2004 H026701

PEOPLE v. RISTAU

California Court of Appeal
Criminal Law & Procedure, Sentencing
Defendant's sentence for securities and tax violations is reversed where the trial court improperly imposed an aggravated term on the basis of facts...
11/10/2004 H025445
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