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   State Courts - California - January 21, 2003

  
PEOPLE v. WHITE, B155122, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 21, 2003, Filed
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PEOPLE v. WRIGHT, B156478, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 21, 2003, Filed
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PEOPLE v. YARMOLYUK, C038396, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 21, 2003, Filed
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PRADO v. DAMATO, A094913 & A097069, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, January 21, 2003, Filed
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People v. Dale, H024067, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, January 21, 2003, Filed
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Overview: Trial court did not err in finding "not true" an allegation that defendant suffered a prior "strike" in another county; trial court was not bound to regard magistrate's finding as an adjudication of the truth of the matters testified to by victim.

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People v. Fonseca, No. F039525., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 21, 2003, Decided , January 21, 2003, Filed
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Overview: Where an unjoined co-perpetrator testified at trial, the court held that there was no error in giving jurors an instruction informing them not to speculate as to the fate of a party not being prosecuted.

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People v. Franklin, No. F039208., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 21, 2003, Decided , January 21, 2003, Filed
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Overview: A trial court properly committed defendant as a sexually violent predator because defendant's former rape conviction qualified as a sexually violent offense that supported such a commitment.

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RASMUSSEN v. PLUMMER, H023351, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, January 21, 2003, Filed
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ROYAL CANADIAN MUT. INVS. v. HOME DEPOT U.S.A., INC., B156918, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 21, 2003, Filed
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Roberts v. Los Angeles County Bar Assn., No. B150039., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 21, 2003, Decided , January 21, 2003, Filed
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Overview: Anti-SLAPP statute applied and denial of motion to strike was error; the lawsuit arose from the bar association's exercise of its right of free speech in connection with a public issue when it rated the judicial candidate as not qualified.

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