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   State Courts - California - August 22 - August 23, 2002

  
Home Ins. Co. v. Superior Court, B157650, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, August 22, 2002, Filed
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Overview: An excess insurer's disqualification motion was improperly denied; although a peremptory challenge had been used by a primary insurer, the excess insurer was still entitled to raise its motion because the two interests were substantially adverse.

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In re Tino V., No. B155183., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, August 22, 2002, Decided , August 22, 2002, Filed
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Overview: Trial court did not err by extending the youth authority's jurisdiction over defendant until age 25 for his commission of a serious offense at age 14 as the commitment provision was no longer limited to juvenile offenders 16 years of age or older.

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Johnston v. Sonoma County Agricultural Preservation & Open Space Dist., A097121, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, August 22, 2002, Filed
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People v. Crosswhite, No. C037863., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, August 22, 2002, Decided , August 22, 2002, Filed
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Overview: Commitment after insanity acquittal did not violate the acquitee's constitutional rights because he had not served all of his original time and he fell within a special class that provided a rational basis for treating him different from a parolee.

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People v. Delong, No. B152019., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, August 22, 2002, Decided , August 22, 2002, Filed
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Overview: Although defendant's conviction for drug possession was set aside, as she successfully completed the drug treatment program and fulfilled her probation conditions, her appeal was not moot; she was entitled to an opportunity to clear her name.

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People v. Garcia, No. S097765., SUPREME COURT OF CALIFORNIA, August 22, 2002, Decided , August 22, 2002, Filed
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Overview: Although aider and abettor must first be convicted of underlying offense before enhancement may apply, prosecution need not plead and prove conviction of offense by principal who intentionally and personally discharged firearm.

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People v. Hurtado, No. S082112., SUPREME COURT OF CALIFORNIA, August 22, 2002, Decided , August 22, 2002, Filed
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Overview: Before a defendant could be committed or recommitted under the Sexually Violent Predators Act, the trier of fact had to find, beyond a reasonable doubt, that defendant was likely to commit sexually violent predatory behavior upon release.

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People v. Mar, No. S086611., SUPREME COURT OF CALIFORNIA, August 22, 2002, Decided , August 22, 2002, Filed
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Overview: Defendant's convictions for interfering with/resisting a peace officer were reversed as the trial court erred in compelling defendant to wear a stun belt while testifying without considering the Duran requirements; the error was prejudicial.

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Donaldson v. National Marine, Inc., A092876,A093705, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, August 23, 2002, Filed
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Overview: Although state courts were required to apply federal law to a maritime action for wrongful death, state courts had concurrent jurisdiction over such actions, even when the wrong occurred outside of the state's territorial limits.

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Schnyder v. State Bd. of Equalization, No. C038101., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, August 23, 2002, Decided , August 23, 2002, Filed
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Overview: Buyers of business assets who filed an interpleader action were personally liable as successors for unpaid taxes due from a bulk sale; buyers failed to "withhold" purchase funds and did not make the funds available to satisfy the tax liability.

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