California, March, 2007, State Case law

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State Courts - California - March 20, 2007

Machado v. Superior Court, C052442, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 20, 2007, Filed
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Overview: An order in a previous case disqualifying petitioner's current counsel was final and precluded relitigation of the issue it decided, namely that petitioner's current counsel's prior legal and business relationships with a nonparty called for current counsel's disqualification in the current dispute.

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People v. Burch, D049604, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 20, 2007, Filed
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Overview: Although the use of CALJIC No. 2.02 would have been preferable regarding defendant's possession of fictitious bills because the element of specific intent substantially relied on circumstantial evidence, there was no prejudicial error because CALJIC No. 2.01 was a more inclusive instruction and would not have been misunderstood by the jury.

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Porter v. Superior Court, No. H029884, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, March 20, 2007, Filed
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Overview: State's attempt to retry premeditation allegations and gang enhancement allegations on which trial court granted a new trial after the jury had convicted defendant as charged was barred by Pen. Code, ? 1023, and by Apprendi because State was seeking second convictions for the same offenses, a proceeding ordinarily barred under Due Process Clause.

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Wright v. Issak, H030399, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, March 20, 2007, Filed
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Overview: Because a contractor underreported his payroll and consequently did not have workers' compensation insurance, his contractor's license was automatically suspended by operation of Bus. & Prof. Code, ? 7125.2, and the trial court correctly applied Bus. & Prof. Code, ? 7031, to find for the homeowners in a dispute over a home remodeling job.

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