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| Feduniak v. California Coastal Com., H028931,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, March 27, 2007, Filed
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Overview: Coastal commission was not estopped from ordering homeowners to remove a private golf course and restore area to its native sand dune vegetation because injustice to owners without estoppel was not of sufficient dimension to justify effect upon public interest and policy under Pub. Resources Code, § 30251, that would arise if estoppel were applied.
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| In re DeShaun M., A114385,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, March 27, 2007, Filed
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Overview: Any error in using physical restraints on defendant juvenile at a jurisdictional hearing was harmless, where the prosecution demonstrated beyond a reasonable doubt that the use of such restraints did not contribute to the juvenile court's determination at the jurisdictional hearing.
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| In re Kevin N., G037601,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 27, 2007, Filed
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Overview: Reunification services should not have been denied to an incarcerated father because trial court erroneously believed that under Welf. & Inst. Code, § 361.5, subd. (a)(3), services had to be limited to six months, during which father would remain in prison, and failed to consider whether offering services would be detrimental to the children.
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| Kolender v. San Diego County Civil Service Com., D048919,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, March 27, 2007, Filed
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Overview: County civil service commission abused its discretion under Code Civ. Proc., § 1094.5, in reducing public employee's penalty in light of admitted sentencing errors she made, and also in light of prior discipline she received for ignoring department directives regarding staffing; commission failed to give full consideration to public safety factors.
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| People v. Lindsey, A113628,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, March 27, 2007, Filed
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Overview: The totality of the circumstances surrounding an anonymous 911 report of a shot fired provided a reasonable suspicion under the Fourth Amendment to detain and pat search defendant because the caller provided detailed descriptions that were quickly confirmed, police were able to trace the call, and fear of retaliation explained desire for anonymity.
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| People v. Racy, C052783,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 27, 2007, Filed
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Overview: In a case in which a jury found defendant guilty of felony elder abuse, trial court committed prejudicial error in failing to instruct the jury on the lesser included offense of misdemeanor elder abuse, as there was a reasonable chance defendant would have obtained a more favorable outcome had the jury been instructed on this offense.
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| People v. Rosen, C048139,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, March 27, 2007, Filed
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Overview: In a sexual battery case, the trial judge did not err in allowing the prosecutor, under Evid. Code, § 1108, to present evidence of uncharged sexual offenses committed by defendant against other victims. The statute applied to evidence of prior sexual offenses without regard to whether defendant was ever formally charged with their commission.
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| People v. Safety National Casualty Corp., F050421,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, March 27, 2007, Filed
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Overview: The trial court lost jurisdiction to declare a criminal defendant's bond forfeited where the bail bond at issue was exonerated by operation of law pursuant to Pen. Code, § 1195, upon the defendant's reinstatement to probation.
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