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State Courts -
California - January 16, 2008
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Capo for Better Representation v. Kelley, G037690,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 16, 2008, Filed
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Overview: County registrar of voters did not err in disqualifying signatures for a recall petition of all members of a school district board where signers' addresses had been filled in by someone other than the actual signer, which violated Elec. Code, ?? 100 and 11043, because it circumvented board members' right to be judged on their own individual merits.
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In re Elizabeth M., G038729,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 16, 2008, Filed
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Overview: Juvenile court erred in reducing visitation of an incarcerated father who was not at the hearing; regularity of proceedings could not be presumed under Evid. Code, ? 664, because there was no inquiry into the suspicious circumstances of a handwritten purported stipulation, and the father had been assured there would be no change to his visitation.
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Jessen v. Mentor Corp., B191278,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 16, 2008, Filed
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Overview: In a product liability action brought by plaintiff, who had a cancerous testicle removed and replaced with a testicular prosthesis, a Class III medical device, plaintiff's state law claims against the device's manufacturer were preempted by the Medical Device Amendments of 1976, 21 U.S.C. ? 360c et seq.
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People v. Alanis, H031059,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, January 16, 2008, Filed
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Overview: Where defendant initially agreed to plead guilty to criminal charges and filed a notice of appeal, but the trial court recalled its sentence to permit defendant to withdraw his plea, conducted a bench trial, and entered a new judgment finding defendant guilty while defendant's appeal was pending, the trial court's actions were null and void.
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People v. Paredes, E040123,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, January 16, 2008, Filed
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Overview: Removal of a public defender over defendant's objection violated the right to counsel of choice under Cal. Const., art. I, ? 15, because a potential conflict of interest arising from the office's former representation of a potential witness was minor and could have been eliminated by appointing associate counsel to cross-examine the former client.
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Preserve Shorecliff Homeowners v. City of San Clemente, G038649,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 16, 2008, Filed
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Overview: Trial court properly allowed a referendum election to go forward. The only reason that proponents of the referendum had petition signers also witness their own signatures as circulators was because Elec. Code, ? 9238, subd. (c), unconstitutionally restricted the pool of circulators to a tiny fraction of what it constitutionally should have been.
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