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   State Courts - California - July 21, 2006

  
In re Geneva C., B187281, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, July 21, 2006, Filed
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Overview: Welf. & Inst. Code, ? 731, subd. (b), did not vest a juvenile court with the discretion to commit a minor to a camp community placement program for less than the maximum term to which an adult offender could be sentenced because ? 731, subd. (b), provided discretion only in computing a confinement term to the California Youth Authority.

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In re Jose Y., B183836, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, July 21, 2006, Filed
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Overview: Patdown search of minor on school grounds was proper under Cal. Const., art. I, ? 28, even if the officer had no reason to believe the minor was armed and dangerous, because the minor was not a student at the school and had a lesser right of privacy than a student properly on school grounds. The juvenile court properly admitted evidence of a knife.

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In re Marriage of Erickson & Simpson, D047470, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, July 21, 2006, Filed
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Overview: There was no jurisdictional barrier to trial court's order requiring ex-husband to pay attorney fees pursuant to Fam. Code, ? 272, subd. (a), to law firm that previously represented ex-wife in marital dissolution proceedings; firm's request for direct fee payment was made while it was still attorney of record and with wife's express authorization.

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People v. Kirk, G035897, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, July 21, 2006, Filed
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Overview: Defendant who was charged with offenses involving controlled substances was properly found ineligible for deferred entry of judgment under Pen. Code, ? 1000, because his prior guilty plea to an offense involving controlled substances in federal court, on which sentence had not been imposed, constituted a prior conviction for purposes of ? 1000.

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Save Our Carmel River v. Monterey Peninsula Water Management Dist., H029242, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, July 21, 2006, Filed
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Shin v. Ahn, B184638, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, July 21, 2006, Filed
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Overview: Assumption of risk did not bar defendant golfer's negligence liability for injuries that plaintiff golfer sustained from being hit by defendant's tee shot because defendant, who was in plaintiff's threesome, failed to establish plaintiff's whereabouts before he teed off. A new trial was properly granted to reverse summary judgment for defendant.

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