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State Courts -
California - February 2 - February 5, 2007
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Conservatorship of Ben C., S126664,
SUPREME COURT OF CALIFORNIA, February 5, 2007, Filed
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Overview: Because the Anders/Wende procedures were inapplicable to appeals in conservatorship proceedings under California's Lanterman-Petris-Short Act, Welf. & Inst. Code, § 5000 et seq., court of appeal, upon being advised that counsel found no arguable issues, was not required to perform an independent review before affirming conservatorship judgment.
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In re Walker, B190637,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, February 5, 2007, Filed
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Overview: In light of developments in the law, specifically Pen. Code, § 1473.5, and Evid. Code, § 1107, an inmate was entitled to new trial because a reasonable probability existed that, if presented with expert testimony on intimate partner battering and its effects, she might have been convicted of voluntary manslaughter rather than second-degree murder.
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Jones v. Lodge at Torrey Pines Partnership, D046600,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 5, 2007, Filed
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Overview: In an employee's action for sexual orientation discrimination and retaliation under Gov. Code, § 12940, there was sufficient evidence of adverse employment action using a totality-of-the-circumstances approach, in part, because after the employee confronted a supervisor, he got warning notices based on false charges and was excluded from meetings.
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People v. Freeman, D046394, D048111, D049238,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, February 5, 2007, Filed
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Overview: Fundamental due process error occurred when the trial judge, who had previously recused himself based on his friendship with a judicial colleague who defendant was rumored to be stalking, was reinstated into the case notwithstanding the repeated protests of defendant and under circumstances reflecting a persistent appearance of bias.
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