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State Courts -
California - February 8, 2010
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Bardales v. Duarte, D048239,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 8, 2010, Filed
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Overview: The trial court had the power to dismiss a mother's petition under the Hague Convention on the Civil Aspects of International Child Abduction, October 25, 1980, T.I.A.S. No. 11670, for delayed prosecution and then proceed to decide child custody and related matters under state law.
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In re David V., S167716,
SUPREME COURT OF CALIFORNIA, February 8, 2010, Filed
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Overview: Definition of metal knuckles in Pen. Code, ? 12020, subd. (c)(7), referring to devices worn in or on the hand, did not include objects that might be grasped while punching but were not fitted or attached to the hand; thus, a minor who carried a bicycle footrest, which could be held in a closed fist and used while punching, did not violate ? 12020.
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In re Stephon L., B215402,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, February 8, 2010, Filed
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Overview: Because appellant juvenile's maximum period of physical confinement for two sustained petitions under Welf. & Inst. Code, ? 602, was aggregated, appellant was entitled to credit for all actual time spent in custody in connection with either petition.
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People v. Superior Court, S164614,
SUPREME COURT OF CALIFORNIA, February 8, 2010, Filed
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Overview: Because nonmutual collateral estoppel did not apply to verdicts in criminal cases, trial court erred in prohibiting State from trying defendant for a crime greater than voluntary manslaughter where, before his case came to trial, two other persons were tried for same murders, with one convicted of voluntary manslaughter, while other was acquitted.
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Vanguard Car Rental USA, Inc. v. County of San Mateo, A122975,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, February 8, 2010, Filed
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Overview: Because a rental car company had beneficial rights in areas of an airport rental car facility that members of the public clearly did not share, its rights under its leases were sufficiently exclusive to establish its possessory interests and to permit taxation under Rev. & Tax. Code, ? 107, of areas that it used in common with other tenants.
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