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   State Courts - California - April 10 - April 11, 2001

  
Jobe v. City of Orange, Nos. G026974, G027732., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 10, 2001, Decided
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Overview: An award of attorney fees in an action under CEQA was not available without a showing that the cost of respondent school's legal victory transcended its personal interest in winning the litigation.

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People v. Johnson, A091500, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, April 10, 2001, Filed
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Overview: Trial court did not err in requiring defendant to waive past and future custody credits as a condition of probation after it had already sentenced him to an aggravated term of six years and then suspended execution.

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People v. Murphy, No. F032680., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, April 10, 2001, Decided
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Overview: Where appellant was not resentenced after remand of first appeal of sentence, appellant was barred from appealing the same sentence on new grounds in a second appeal because the issues could have been raised in the first.

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Coalition Advocating Legal Hous. Options v. City of Santa Monica, B135879, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, April 11, 2001, Filed
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In re Marriage of Shaban, Nos. G024572, G025498., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 11, 2001, Decided
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Overview: Egyptian marriage certificate did not constitute a prenuptial agreement, and parole evidence, offered to establish the substance of the agreement, was properly excluded; therefore California community property law, not Islamic law, applied.

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PEOPLE v. ROWE, D035773, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 11, 2001, Filed
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People v. Martinez, No. H021193., COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, April 11, 2001, Decided
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Overview: Any invasion of privacy caused by the State's examination of defendant's psychological records was justified by a compelling state interest, and evaluators' testimony supported his commitment as a sexually violent predator.

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People v. Ngoun, No. F032526., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, April 11, 2001, Decided
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Overview: Statute that criminalized participation in a street gang applied to perpetrators as well as aiders and abettors of criminal gang felonies. Thus, substantial evidence supported conviction of gang member who shot into crowd.

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Santa Barbara Pistachio Ranch v. Chowchilla Water Dist., No. F033129., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, April 11, 2001, Decided
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Overview: In a nuisance action, the trial court erred in granting nonsuit; lost profits could be considered in determining the applicable costs of restoring pistachio groves.

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