California, January, 2005, State Case law

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State Courts - California - January 26, 2005

People v. Beck, F044669, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 26, 2005, Filed
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Overview: Defendant's attempted murder conviction was reversed, where the jury was improperly instructed with an instruction pertaining to implied malice; the instructional error was not harmless beyond a reasonable doubt.

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People v. Diaz, B170874, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, January 26, 2005, Filed
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Overview: "Failure to yield" could not be one of the three traffic violations used to establish that an evasion of police was in "willful or wanton disregard" of safety because it was impossible to evade a pursuing police vehicle without also failing to yield.

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People v. Thoma, B170355, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, January 26, 2005, Filed
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Overview: In a possession of methamphetamine case, defendant's silence during sentencing on a prior conviction regarding the victim's injuries was admissible as an adoptive admission of the truth of the sentencing court's description of those injuries.

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People v. Thurman, C044448, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 26, 2005, Filed
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Overview: Trial court had discretion under Substance Abuse and Crime Prevention Act of 2000 to impose condition of probation requiring defendant to waive his statutory right to any future custody credits for time spent in a residential drug treatment facility.

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QUESTAR ENG'G, INC. v. JD2 INC., G033790, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 26, 2005, Filed
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QUINTINA G. v. SUPERIOR COURT OF TULARE COUNTY, F046631, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 26, 2005, Filed
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ROMERO v. CITY OF COMMERCE, B165076, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, January 26, 2005, Filed
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ROSE M. v. SUPERIOR COURT OF SAN DIEGO COUNTY, D045358, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 26, 2005, Filed
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SINGH v. LIPWORTH, C044535, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 26, 2005, Filed
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STRATHVALE HOLDINGS v. E.B.H., B169603, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, January 26, 2005, Filed
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