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   State Courts - California - April 6 - April 7, 2000

  
Avant! Corp. v. Superior Court, No. H019847., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, April 6, 2000, Decided
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Overview: Court upheld an order denying stay of proceedings or discovery in respondent's defamation suit pending the outcome of a related criminal case since petitioner corporation's employees' Fifth Amendment privilege was protected.

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Curtis F. v. Superior Court, No. C034782., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, April 6, 2000, Decided
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Overview: A petition for reunification was denied, because the reports of two psychologists provided substantial evidence for the juvenile court to conclude that father was not capable of caring for his child, due to a mental disability.

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People v. Douglas, No. B110243., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, April 6, 2000, Decided
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Overview: The reduction of defendant's crime to a misdemeanor was affirmed on appeal, as the trial court correctly determined that statute was a "wobbler" rather than a straight felony when the amount exceeded $ 400.

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People v. Martinez, No. S064558., SUPREME COURT OF CALIFORNIA, April 6, 2000, Decided
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Overview: Filing of felony complaint was insufficient to invoke federal right to speedy trial, and absent statutory speedy trial violation, specific prejudice was required to show violation of California's right to speedy trial.

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People v. Waidla, No. S020161., SUPREME COURT OF CALIFORNIA, April 6, 2000, Decided
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Overview: Defendant's conviction and death sentence were affirmed as the court found no prejudice, no error, and no abuse of discretion. All findings and conclusions were supported by substantial evidence in the record.

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In re Devon C., No. B133690., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 7, 2000, Decided
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Overview: Juvenile defendant's failure to wear a bicycle helmet, in violation of California law, provided the necessary basis for police stopping defendant, and a weapon found on defendant was admissible.

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Kuns v. City of Ukiah, A087470, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, April 7, 2000, Filed
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Overview: Plaintiffs won reversal in wrongful death action against defendant utility company, because there remained a triable issue of fact of whether defendant's acts were a substantial factor in fire that killed four children.

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PMC, INC. v. KADISHA, B136095, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, April 7, 2000, Filed
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People v. Green, No. A086488., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, April 7, 2000, Decided
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Overview: Because of compelling interest in protecting public from sexually violent predators (SVP) and SVP commitment took place after criminal proceedings were completed, SVP Act did not violate equal protection principles.

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