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   State Courts - California - January 11 - January 12, 2000

  
Bjork v. Mason, No. A084831., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, January 11, 2000, Decided
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Overview: Summary judgment was improper because two declarations by experts opined the tow rope in question was both very old and frayed and that it needed to be replaced at least every two years; testimony created a triable issue of fact.

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In re Robert E., No. G023575., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 11, 2000, Decided
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Overview: Sixth amendment right to counsel did not carry over to perjury charge because right to counsel was offense specific and the act of vandalism was distinguishable from the act of lying about it.

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People v. Lochtefeld, No. D031877., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 11, 2000, Decided
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Overview: Pellet pistol that could expel pellets at speeds in excess of those required to penetrate significant muscle tissue was properly determined to be a deadly weapon as a matter of law.

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People v. Slayton, E023001, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, January 11, 2000, Filed
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Overview: Questioning of inmate by police about burglary charge while inmate was represented by counsel on car theft charge violated his constitutional right to counsel, as the two charges were inextricably intertwined.

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Calprop Corp. v. City of San Diego, No. D031965. No. D032263. No. D032642., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 12, 2000, Decided
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Overview: Defendant city prevailed over landowners on "takings" claims because, as plaintiff landowners' claims were not yet ripe, there had not yet been any "takings."

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People v. Jackson, No. B126622., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 12, 2000, Decided
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Overview: Appellant could not be convicted under statute punishing battery where corporal injury resulted from direct application of force upon victim, because his victim did not fall and injure herself as a direct result of his blows.

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