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   State Courts - California - August 13 - August 14, 2001

  
Flannery v. Prentice, S080150, SUPREME COURT OF CALIFORNIA, August 13, 2001, Filed
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Overview: Appellate decision that fair employment suit, against state agency, attorney fee award in absence of written agreement belonged to client rather than lawyers was incorrect. Remand, however, to trial court for decision on merits was affirmed.

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In re Randy G., No. S089733., SUPREME COURT OF CALIFORNIA, August 13, 2001, Decided
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Overview: School security officer had the power to stop minor on school grounds in order to ask questions or conduct an investigation even in the absence of reasonable suspicion, where officer did not act in an arbitrary, capricious, or harassing manner.

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Arnold v. Dow Chem. Co., No. B143708., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, August 14, 2001, Decided
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Overview: In a products liability suit against chemical manufacturers, the Federal Insecticide, Fungicide and Rodenticide Act did not preclude a family's state law claims challenging the labeling of the products.

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Lombardo v. Huysentruyt, No. A092345., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO, August 14, 2001, Decided
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Overview: In a legal malpractice action, nonsuit was improperly granted because factual questions existed as to liability. Sanctions were not warranted though, because, while the attorney's conduct could have been better, it was not egregious.

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McIntyre v. Board of Retirement, B144038, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, August 14, 2001, Filed
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People v. Brown, No. F034208., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, August 14, 2001, Decided
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Overview: Defendant was convicted of rape and incest. Under third prong of Kelly scientific evidence admission test, whether proper DNA and statistical significance test procedures were used went to weight. Appellate court gave detailed DNA explication.

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People v. Leon, No. B140721., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, August 14, 2001, Decided
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Overview: Residential burglary conviction and finding that defendant committed forcible lewd act on child during burglary were reversed where admission of testimony that interpreter saw defendant commit ambiguous act at counsel table was prejudicial error.

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People v. Tapia, No. B146305., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, August 14, 2001, Decided
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Overview: Because no proof was presented that the defendant violated his probation in 1996, and the term of probation expired before he reentered the country, the trial court had no jurisdiction to extend the defendant's probation.

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Pleasant Hill Bayshore Disposal v. Chip-It Recycling, No. A092831., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, August 14, 2001, Decided
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Overview: State law creating waste collection exclusive franchise was not preempted by FAA Authorization Act, which clearly did not apply to garbage and refuse collectors. Injunction against recycler prohibiting it from violating franchise was proper.

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