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   State Courts - California - June 6 - June 7, 2002

  
In re Joy M., No. G029812., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 6, 2002, Decided , June 6, 2002, Filed
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Overview: In dependency proceeding, it was not necessary for county to prove expert's qualifications, as father failed to object to admission of expert's report, and denial of reunification services based on report was proper.

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In re Marriage of Heggie, No. G027302., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 6, 2002, Decided , June 6, 2002, Filed
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Overview: Grant of a motion to set aside a stipulated judgment in a dissolution was reversed because a superior court had no discretion to grant a motion to set aside a property division that was based solely on an imbalance or windfall theory.

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In re Nicholas H., No. S100490., SUPREME COURT OF CALIFORNIA, June 6, 2002, Decided , June 6, 2002, Filed
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Overview: Where parent admitted he was not the child's biological father, but where he wanted the privilege and responsibility of fathering the child, and no one else wanted the child, presumption of fatherhood was not rebutted solely by parent's admission.

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Joe B. v. Superior Court, No. G030358., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, June 6, 2002, Decided , June 6, 2002, Filed
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Overview: The problem with father's petition for writ of mandate, in which the father sought an order providing him with reunification services with his daughter, was that the petition did not lie in addition to his appeal.

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People v. Sparks, No. S098290., SUPREME COURT OF CALIFORNIA, June 6, 2002, Decided , June 6, 2002, Filed
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Overview: The definition of burglary included entry into the victim's bedroom with the specific intent to commit rape.

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Palestini v. General Dynamics Corp., No. D037590., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, June 7, 2002, Decided , June 7, 2002, Filed
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Overview: An employee's allegations that the employers knew but concealed that his physical problems were caused by carcinogenic chemicals, and that his injuries were aggravated by this concealment, were sufficient to state a cause of action.

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People v. Benavides, No. F037844., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, June 7, 2002, Decided , June 7, 2002, Filed
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Overview: Order protecting privacy rights of former jurors did not alter procedures and law already in effect to ensure State's right to prompt prosecution and did not alter State's right to the finality of verdict; therefore, order was not appealable.

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People v. Garcia, C038797, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, June 7, 2002, Filed
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Overview: Defendant's sentence was vacated and remanded because he was entitled to participation in a drug treatment program and the superior court was prohibited from including incarceration as an additional condition of probation.

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People v. Howard, F036961, COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, June 7, 2002, Filed
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Overview: Defendant was properly convicted of second degree murder for his flight from police in a stolen vehicle that caused a fatal collision. A violation of the relevant statute was an inherently dangerous felony that supported the conviction.

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Trahan v. Trahan, No. A095792., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, June 7, 2002, Decided , June 7, 2002, Filed
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Overview: Substantial evidence supported the trial court's confirmation of the appraiser's determination of the fair value of a dissolved corporation's shares as the value upon piecemeal sale of the assets.

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