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   State Courts - California - June 12 - June 13, 2001

  
Cal. Highway Patrol v. Workers' Comp. Appeals Bd., No. D036792., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 12, 2001, Decided
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Overview: Where highway patrol was penalized by workers' compensation board for delay in paying disability payments to injured officer, penalty for unreasonable delay in paying interest was improper multiple penalty.

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People v. Stewart, No. E026720., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, June 12, 2001, Decided
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Overview: Defendant child molester could not challenge the sentence that was agreed to as part of his plea bargain in the absence of obtaining a certificate of probable cause because his appeal was an attack on the plea bargain itself.

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Collins v. Superior Court, No. B147822., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, June 13, 2001, Decided
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Overview: Appellant's motion to dismiss perjury charges improperly denied because although testimony purportedly was false, it was in deposition that had yet to be delivered, and therefore, did not constitute perjury in violation of California Penal Code.

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Denver D. Darling v. Controlled Env't Constr., No. B135510., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, June 13, 2001, Decided
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Overview: In a breach of contract matter, a subcontractor was entitled to recover retention proceeds notwithstanding subcontractor's failure to secure a Class B general building contractors' license prior to performing the project.

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People v. McNorton, No. BR41036, APPELLATE DIVISION, SUPERIOR COURT OF CALIFORNIA, LOS ANGELES, June 13, 2001, Decided
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Overview: Because identity of driver was not element of corpus delicti for DUI, trial court erred in dismissing charges after suppressing defendant's statement that she had been driving; identity was not condition precedent for admitting statement.

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