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State Courts -
California - July 16, 2002
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DeRose v. Heurlin, No. G028450.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, July 16, 2002, Decided , July 16, 2002, Filed
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Overview: California Court of Appeal imposed sanctions against attorney for bringing frivolous appeal; attorney took appeal for improper purposes of delay and to try to cover up his mishandling of client trust funds and his dishonesty before trial court.
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In re C. T., No. D039130.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, July 16, 2002, Decided , July 16, 2002, Filed
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Overview: Where California court exercised emergency jurisdiction over child residing in Arkansas on basis that child's father sexually molested child, court was not authorized to make finding under statute, but evidence supported terminating jurisdiction.
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In re Michael D., No. C036107.,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, July 16, 2002, Decided , July 16, 2002, Filed
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Overview: Juvenile court properly sustained a petition against defendant for exhibiting an imitation firearm against another in such a way as to cause a reasonable person apprehension or fear of bodily harm, since substantial evidence supported the ruling.
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People v. Bailey, No. H021567.,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, July 16, 2002, Decided , July 16, 2002, Filed
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Overview: Sentencing order requiring appellant to register as a gang member was not applied retroactively, did not violate ex post facto laws, was not vague or overbroad, and did not violate the single-subject rule of the California Constitution.
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People v. Noble, No. B149158.,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, July 16, 2002, Decided , July 16, 2002, Filed
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Overview: In petition to extend commitment, trial court prejudicially erred when it allocated to inmate burden to prove by preponderance of evidence that, as result of medication, his mental disorder was in remission, and he was not dangerous to others.
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Personal Watercraft Coalition v. Marin County Bd. of Supervisors, No. A093769, A094088,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, July 16, 2002, Decided , July 16, 2002, Filed
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Overview: Ordinance that banned personal watercraft was not unconstitutionally vague on its face as coalition failed to establish that it was impermissibly vague in all of its applications, or that no set of circumstances existed under which it was valid.
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