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   State Courts - California - February 9 - February 10, 2010

  
In re Noreen G., A122651, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, February 9, 2010, Filed
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Overview: Because the advantage of a stable, permanent adoptive home for two children outweighed the benefit of a continued relationship with their mother, who failed to successfully overcome the behavior that led to a guardianship, trial court did not err by terminating the parental rights of the mother and presumed father pursuant to Prob. Code, ? 1516.5.

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People v. Sanderson, E047284, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 9, 2010, Filed
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Overview: Defendant failed to demonstrate good cause under Evid. Code, ? 1043, to conduct an in camera Pitchess review of the arresting officers' personnel files because defendant did not present a specific and plausible factual scenario; although he denied making criminal threats, he did not present an alternate version of what was said in the conversation.

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People v. Trujillo, E045598, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 9, 2010, Filed
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Overview: Sufficient evidence supported defendant's convictions under Pen. Code, ? 245, subd. (b), for assault with a semiautomatic firearm as to both occupants of a car even if defendant did not actually see backseat passenger because passenger, sitting nearest to defendant's fusillade of gunshots, was no less a victim of the assault than driver of the car.

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Anderson v. Chikovani, G042396, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, February 10, 2010, Filed
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Overview: Because plaintiffs' new trial motion was not denied by operation of law but rather by a minute order that was timely entered but never served, it triggered latest possible deadline for filing a notice of appeal under Cal. Rules of Court, rule 8.108(b). Plaintiffs had 180 days from entry of judgment to file a notice of appeal. Deadline was met.

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In re Phoenix H., S155556, SUPREME COURT OF CALIFORNIA, February 10, 2010, Filed
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People v. Mai, S089478, SUPREME COURT OF CALIFORNIA, February 10, 2010, Filed
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People v. Paz, G041327, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, February 10, 2010, Filed
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Overview: In a prosecution of defendant for possession of methamphetamine for sale, defendant was not entitled to an instruction on transitory possession, both because there was nothing in the record to support a jury's conclusion he possessed the methamphetamine only to dispose of it and because his abandonment of it was not voluntary.

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People v. Reynolds, E047192, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, February 10, 2010, Filed
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Overview: In a case in which defendant filed a petition for unconditional release after he had been recommitted as an SVP, the trial court did not abuse its discretion in dismissing the petition after merely glancing at it, where defendant did not oppose the dismissal motion and conceded there were no changed circumstances.

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Roby v. McKesson Corp., S149752, SUPREME COURT OF CALIFORNIA, February 10, 2010, Filed
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