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   State Courts - California - August 15 - August 17, 2000

  
In re Marriage of Dunmore, No. C033693., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, August 15, 2000, Decided
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Overview: Statutory finding that ex-husband's daughter could have been adopted by her stepfather without ex-husband's consent did not constitute adoption itself or termination of ex-husband's parental rights; thus, child support obligation did not end.

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People v. Harper, No. C032124., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, August 15, 2000, Decided
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Overview: Appellant's sentence was properly enhanced, and the gun was properly ordered destroyed because appellant owned the gun that he used to commit a felony. The suspension of appellant's driver's license was reversed.

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People v. Reyes, Nos. G025069, G026061., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, August 15, 2000, Decided
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Overview: Where police lured appellant outside on ruse that truck had been damaged and then searched him for drugs, drugs were inadmissible; almost no one would have refused such ruse, and defendant's cooperation was involuntary.

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People v. Sherwin, No. C030485., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, August 15, 2000, Decided
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Overview: Trial court's ruling suppressing much of the evidence presented to grand jury was a sufficient change in circumstances to warrant renewal of defendants' motions to dismiss indictment.

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DeZerega v. Meggs, No. A086725., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, August 16, 2000, Decided
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Overview: Plaintiff landlords were not entitled to recover possession from lessee's approved roommate where plaintiffs did not establish they complied with a local government ordinance requiring them to give roommate a specified ground for his eviction.

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People v. Herrera, No. F032745., COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, August 16, 2000, Decided
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Overview: Conviction for sale of methamphetamine was affirmed where evidence was sufficient for the jury to determine, as a preliminary fact, that the conspiracy between appellant and co-defendant was more likely than not to have existed.

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People v. Jeffries, No. C028377., COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, August 16, 2000, Decided
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Overview: In a habitual sex offender's criminal trial, the jury was properly instructed that evidence of the underlying facts of prior sexual misconduct had to be proved beyond a reasonable doubt.

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Alvarado v. Superior Court, No. S059827., SUPREME COURT OF CALIFORNIA, August 17, 2000, Decided
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Overview: In a criminal trial where the nondisclosure of a witness's identity would prevent effective cross-examination, the confrontation clause precluded the prosecution from relying upon the witness's testimony at trial.

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Ashdown v. Ameron Internat. Corp., No. A084561., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, August 17, 2000, Decided
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Overview: Family and estate of employee exposed to asbestos were not entitled to damages from his employer, because the workers' compensation law provided the exclusive remedy, and no exceptions to exclusivity were applicable.

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People v. Box, No. S019798., SUPREME COURT OF CALIFORNIA, August 17, 2000, Decided
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Overview: Judgment was proper because imposition of death penalty was proper after consideration of defendant's Batson/Wheeler claims and constitutionality of death penalty.

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