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State Courts -
California - April 21, 2006
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Bullock v. Philip Morris USA, Inc., B164398, B169083,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, April 21, 2006, Filed
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Overview: Under the Fourteenth Amendment, a cigarette manufacturer's extremely reprehensible conduct justified a punitive damages award to a smoker of $ 28 million, 33 times greater than the compensatory damages award of $ 850,000. The manufacturer's course of misconduct included manipulation of the narcotic effect of nicotine in cigarettes.
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Olson v. Automobile Club of Southern California, B168730,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, April 21, 2006, Filed
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Overview: In a case involving a nonprofit mutual benefit corporation's elections, the trial court erred in determining the amount of an attorney fee award under Code Civ. Proc., ? 1021.5, when it prematurely set the fee award and deemed the amount reasonable even before it received a detailed motion for supplemental attorney fees.
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People v. Corban, A110662, A112528,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, April 21, 2006, Filed
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Overview: In a case in which defendant pleaded no contest to involuntary manslaughter after her child died because defendant had left him in a locked car with the windows closed on a hot day, the State had the discretion to charge defendant with a great bodily injury enhancement under either Pen. Code, ? 12022.7, subd. (d), or Pen. Code, ? 12022.95.
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People v. Sanchez, B180113,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, April 21, 2006, Filed
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Overview: In a second-degree murder case arising from a motor vehicle accident caused by defendant's driving at extremely high speed while intoxicated, Pen. Code, ? 22, subd. (b), did not lower the prosecution's burden of proof or prevent defendant from presenting relevant evidence; thus, excluding voluntary intoxication evidence did not violate due process.
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