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   State Courts - California - August 14, 2000

  
In re Brian M., No. G026653., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, August 14, 2000, Decided
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Overview: Decision to deny mother reunification services was supported by substantial evidence. Her violation of order to attend drug rehabilitation as condition of probation justified refusal to offer rehabilitation services.

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In re Gossage, No. S068704., SUPREME COURT OF CALIFORNIA, August 14, 2000, Decided
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Overview: Admission to practice law was denied. Applicant had not overcome the heavy burden to prove rehabilitation from moral turpitude crimes committed prior to law school. Application did not list all crimes, including some crimes after parole was over.

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In re Jullian B., No. C034955., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, August 14, 2000, Decided
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Overview: In an adoption case involving an Indian youth, the Department of Health and Human Services erred by refusing to place an Indian youth in a prospective Indian home without considering the appropriate statutory factors.

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People v. Archer, No. B130704. No. B135991., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, August 14, 2000, Decided
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Overview: Murder conviction was reversed. Admission of codefendant's redacted written statement unmistakably implicating defendant violated defendant's constitutional right to confront witness since it was not harmless beyond a reasonable doubt.

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People v. King, No. A079943., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, August 14, 2000, Decided
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Overview: The Fourth Amendment was not violated by admission of DNA evidence taken from appellant without a warrant.

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People v. Le, No. G018045. No. G018046. No. G018057., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, August 14, 2000, Decided
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Overview: State's failure to plead and prove that the statute of limitations had not run resulted in reversal of defendants' convictions with direction to acquit on all charges.

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People v. Molina, No. C032811., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, August 14, 2000, Decided
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Overview: DUI convictions were upheld because the trial court did not err in refusing the necessity instruction or in giving the jury misconduct instruction; the instruction was harmless beyond a reasonable doubt.

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People v. Robles, No. S069306., SUPREME COURT OF CALIFORNIA, August 14, 2000, Decided
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Overview: Defendant was properly not held to answer under provision elevating from misdemeanor to felony offense of carrying loaded firearm in public, as sufficient evidence was not presented of commission of substantive gang offense.

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People v. Sturiale, No. F033825., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, August 14, 2000, Decided
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Overview: Conviction and sentence were affirmed because the trial court had no power to overrule the prosecution's determination that appellant was ineligible for a deferred entry of judgment.

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Turner v. Martire, E026082, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, August 14, 2000, Filed
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Overview: Native Americans accused of assault failed to show their conduct was discretionary in nature, therefore they were denied tribal immunity.

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