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   State Courts - California - March 21 - March 22, 2000

  
Circle K Ranch Corp. v. Board of Supervisors, B124996, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, March 21, 2000, Filed
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Overview: Denial of petition for writ of mandate for certificate of compliance was affirmed. Maps upon which appellant sought to rely did not create subdivision. Appellant simply sought to create a parcel where none had existed before.

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Hunt Bldg. Corp. v. Bernick, No. D033285., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 21, 2000, Decided
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Overview: California could enforce its unemployment compensation laws where services were performed on federal land to the same extent and with the same effect as though the services had not been performed on federal land.

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People v. Crowder, No. D032061., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 21, 2000, Decided
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Overview: In a criminal case where the prosecution joined misdemeanor and felony charges in a single action, merely by pleading guilty to the misdemeanor respondent could not avoid prosecution for the more serious felony charges.

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People v. Massey, No. B129486., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, March 21, 2000, Decided
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Overview: Prosecution's failure to have witnesses ready for trial, despite diligent, good faith efforts, should be treated as excusable neglect to permit refiling charges, since holding otherwise would penalize prosecution's diligence.

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People v. Son, No. D032612., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 21, 2000, Decided
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Overview: Court did not err in declining to instruct jury on lesser-included offense of voluntary manslaughter under theory that murder defendant acted with "imperfect" duress; such duress could not negate malice to reduce culpability.

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Twentieth Century Fox Film Corp. v. Superior Court, No. B136732., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, March 21, 2000, Decided
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Overview: Where petition to compel arbitration was denied, court ordered stay on proceedings pending resolution of arbitration issue to be removed.

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Estate of Griswold, B128933, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, March 22, 2000, Filed
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Overview: In a probate action, decedent's two half-siblings were entitled to share in decedent's estate. A court admission of paternity by decedent's father estopped the parties from denying the natural parent and child relationship.

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People v. Davis, No. B122006., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, March 22, 2000, Decided
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Overview: Three strikes law did not preclude defendant's participation in deferred entry of judgment program for drug offenses. Judgment denying motion for deferred entry of judgment was reversed and remanded.

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People v. Needham, No. F032060., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 22, 2000, Decided
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Overview: In challenge to conviction on drug charges, inventory search of bags attached to motorcycle was reasonably within bounds of Fourth Amendment when standardized policy was followed and discretion exercised within procedure.

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