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   State Courts - California - August 2, 2001

  
Kain v. State Dep't of Health Servs., No. B144391., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, August 2, 2001, Decided
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Overview: Judgment ruling that state health department was entitled to seek reimbursement for Medi-Cal benefits was affirmed where Medi-Cal services recipient assigned right to recover medical expenses from third party who was liable to pay for expenses.

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People v. Branch, No. A089941., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, August 2, 2001, Decided
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Overview: Testimony about 30-year-old uncharged similar sex offenses was relevant to common scheme, intent, and absence of mistake or accident, and was more probative than prejudicial, so it was properly admitted.

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People v. Brown, No. D035066., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, August 2, 2001, Decided
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Overview: In the absence of reversible error, appellant's convictions of second degree murder and the unlawful practice of medicine were affirmed.

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People v. Collins, No. S075232., SUPREME COURT OF CALIFORNIA, August 2, 2001, Decided
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Overview: Defendant's waiver of a jury trial obtained by trial court's assurance of an unspecified benefit was not a valid waiver, and this error compelled reversal of defendant's convictions for committing lewd or lascivious acts upon a child.

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People v. Elam, No. B141040., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, August 2, 2001, Decided
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Overview: In the absence of reversible error, defendant's conviction for assault with intent to commit a sexual felony, forcible oral copulation, one count of misdemeanor-or-felony sexual battery, and one count of misdemeanor sexual battery, were affirmed.

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People v. Kennedy, No. A091491., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, August 2, 2001, Decided
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Overview: The defendant was properly convicted of possession of valium where the legislative intent of the statute clearly authorized such conviction as a misdemeanor.

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People v. Lewis, No. S020032., SUPREME COURT OF CALIFORNIA, August 2, 2001, Decided
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Overview: Death sentence imposed for first degree murder with robbery as a special circumstance was affirmed. Eye witness with intellect of a seven-year old had capacity to perceive and recollect, and was competent to testify.

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People v. Sengpadychith, No. S090076., SUPREME COURT OF CALIFORNIA, August 2, 2001, Decided
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Overview: Failure to specify gang's "primary activities" was error under Apprendi and should have been subject to federal harmless error analysis regarding firearm offense, but not as to attempted murder where enhancement did not increase maximum penalty.

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Sti Outdoor v. Superior Court, No. B148102, No. B148106., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, August 2, 2001, Decided
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Overview: Attorney-client privilege was not waived in disclosure of three documents. Evidence supported contention that disclosure of the documents was reasonably necessary to further interests of both parties to license agreement.

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