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   State Courts - California - January 3 - January 5, 2000

  
HOECHST CELANESE CORP. v. FRANCHISE TAX BD., C030702, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 3, 2000, Filed
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KENDALL-JACKSON WINERY, LTD. v. SUPERIOR COURT OF STANISLAUS COUNTY, F033305, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 3, 2000, Filed
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People v. Adan, No. B127112., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 4, 2000, Decided
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Overview: Expert testimony did not violate the statute as there was no opinion expressed that had the required fraudulent intent; court properly controlled cross-examination; defendant waived any claim of error to jury instructions.

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People v. Mancebo, F028473, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 4, 2000, Filed
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Overview: Under pleadings alleged in information, imposition of firearm-use enhancement resulted in improper sentence, but imposing this enhancement at one-third the upper term, as opposed to mid-term, on subordinate counts affirmed.

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People v. Stewart, No. D032206., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 4, 2000, Decided
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Overview: The extent of the child victim's injuries and the force necessary to produce them provided substantial evidence to support the element that a reasonable person would have likely believed that a small child could suffer great bodily injury.

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Albertson v. Superior Court, B135604, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 5, 2000, Filed
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Overview: District attorney was not entitled to direct access to petitioner's mental health records in sexually violent predator proceedings because an existing statute strictly prohibited such transfer of these confidential materials.

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People v. Johnson, No. C028945., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 5, 2000, Decided
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Overview: The court held that admission of a defendant's prior domestic violence in a prosecution for an offense involving domestic violence, did not violate defendant's right to due process.

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Sporich v. Superior Court, No. B135605., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 5, 2000, Decided
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Overview: Writ of mandate commanding court to set aside order requiring further psychiatric interviews of petitioner was issued, as district attorney did not come forward with compelling proof of good cause for additional examinations.

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