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State Courts -
California - April 11 - April 15, 2008
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Cerna v. City of Oakland, A115296,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, April 11, 2008, Filed
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Overview: In suit arising from accident where motorist killed and injured children as they crossed city street going to school, city and school district were not liable, as intersection did not create dangerous condition, under Gov. Code, ? 830.2, and district was not responsible for safety of students outside school premises, under Ed. Code, ? 44808.
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Martinelli v. International House USA, B197536,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, April 11, 2008, Filed
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Overview: School's sending of defamatory letter to general fax machine in attorney's office, where it was read by third party, was not publication of the communication; by sending a letter to school bearing her general law office fax number, and disputing its allegation of her wrongdoing in that letter, attorney invited return correspondence to that number.
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People v. Valencia, S051451,
SUPREME COURT OF CALIFORNIA, April 14, 2008, Filed
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Overview: In penalty phase of a murder trial, defendant's confession to a prior robbery was properly admitted under Pen. Code, ? 190.3, factor (b), because the corpus delicti of a prior crime involving violence was established through testimony that an apartment door had been broken open, and one of the persons inside was bleeding from a recent head injury.
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People v. Woods, A116399,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, April 14, 2008, Decided, April 14, 2008, Filed
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In re Viray, D050934,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 15, 2008, Filed
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Overview: Evidence did not support the Governor's conclusion under Pen. Code, ? 3041.2, and Cal. Code Regs., tit. 15, ? 2402, that an inmate convicted of second degree murder would pose a threat to public safety if released on parole; although the motive for the crime was trivial, the crime was not exceptionally callous, and the inmate had marketable skills.
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