CA Pub. Decisions

1. PEOPLE v. BURCH
   Apr 3, 2007
   Bifurcation of prior conviction allegations was not required once evidence of the convictions was introduced to impeach defendant's testimony. In prosecution for possession of fictitious bills, where prosecution presented direct evidence that defendant possessed bills and tha…
2. COUNTY OF SAN BERNARDINO v. CALDERON
   Apr 3, 2007
   In this case, the County of San Bernardino (hereafter the County) provided medical care to Martin Zavala Calderon after he was injured in a car accident in which the other driver was at fault. The parties concur that the hospital has a valid lien for the reasonable value of its s…
3. PEOPLE v. JENAN Part I
   Apr 3, 2007
   Reversal of self represented defendant's judgment was compelled where judge at preliminary hearing twice expressed doubt about defendant's mental competence, warning of a mental competence hearing, but failed to appoint counsel to represent him on that issue at that time.
4. PEOPLE v. JENAN Part II
   Apr 3, 2007
   Reversal of self represented defendant's judgment was compelled where judge at preliminary hearing twice expressed doubt about defendant's mental competence, warning of a mental competence hearing, but failed to appoint counsel to represent him on that issue at that time.
5. In re MICHAEL S.,
   Apr 3, 2007
   A modification decision.
6. In re HADLEY B.,
   Apr 3, 2007
   Orange County Social Services Agency (SSA) and minor, Hadley B., appeal the juvenile courts order dismissing a dependency petition after refusing to allow an amendment to include evidence of incidents occurring outside Orange County. In a second dependency petition on behalf of t…
7. FONSECA v.CITY OF GILROY PART I
   Apr 3, 2007
   City's 2002 general plan substantially complied with Housing Element Law, as it then read, where the plan provided an aggregate inventory of what the city identified as vacant sites and sites potentially available for development. Law at the time did not require that the inve…
8. In re Marriage of KEITH and KUM SMITH
   Apr 3, 2007
   Where army veteran's service had begun eight years prior to his marriage to former wife and he was still on active duty when they separated, trial court did not err in requiring veteran to pay his former wife a percentage of any veterans disability payments he may receive dur…
9. PORTER v. SUPERIORCOURTOFMONTEREYCOUNTY PART I
   Apr 3, 2007
   Where jury convicted defendant of two counts of attempted murder and made true findings as to various special allegations, including that the crimes were premeditated and were committed for the benefit of a street gang, and trial court ordered new trial as to those allegations be…
10. FONSECA v.CITY OF GILROY PART III
    Apr 3, 2007
    City's 2002 general plan substantially complied with Housing Element Law, as it then read, where the plan provided an aggregate inventory of what the city identified as vacant sites and sites potentially available for development. Law at the time did not require that the inve…
11. PORTER v. SUPERIORCOURTOFMONTEREYCOUNTY PART II
    Apr 3, 2007
    Where jury convicted defendant of two counts of attempted murder and made true findings as to various special allegations, including that the crimes were premeditated and were committed for the benefit of a street gang, and trial court ordered new trial as to those allegations be…
12. People v. Beames Part I
    Apr 3, 2007
    Trial court did not abuse its discretion in proceeding with voir dire as means of evaluating whether murder defendant could obtain a fair trial in county, instead of granting his motion for a five week continuance so he could conduct a public opinion survey to assess how media pu…
13. People v. Beames Part II
    Apr 3, 2007
    Trial court did not abuse its discretion in proceeding with voir dire as means of evaluating whether murder defendant could obtain a fair trial in county, instead of granting his motion for a five week continuance so he could conduct a public opinion survey to assess how media pu…
14. Hofmann v. Sup. Ct.
    Apr 3, 2007
    Although an order denying a petition to vacate an arbitration award is not appealable, Court treat this appeal as a petition for writ of mandate. Petitioners sole claim is that an arbitrators failure to personally make written disclosure required by the California Arbitration Act…
15. P. v. Knapp
    Apr 3, 2007
    While attempting to contact defendant Eric Hall Knapp on his sizable rural property, sheriffs deputies detected the odor of marijuana emanating from a barn located near a mobile home that appeared to be the only living quarters on the property. The deputies obtained a search warr…
16. FONSECA v.CITY OF GILROY PART II
    Apr 2, 2007
    City's 2002 general plan substantially complied with Housing Element Law, as it then read, where the plan provided an aggregate inventory of what the city identified as vacant sites and sites potentially available for development. Law at the time did not require that the inve…
17. Garry C. v. Sup. Ct.
    Apr 1, 2007
    Father challenges an order of the Alameda County Juvenile Court, which set a hearing under Welfare and Institutions Code section 366.26 to select a permanent plan for. Father's petition on the merits.
18. PEOPLE v. VILLA
    Apr 1, 2007
    Claim of ineffective assistance of counsel cannot be raised by petition for writ of error coram nobis. Writ of habeas corpus will not issue absent showing that petitioner is in custody or otherwise deprived of liberty solely as a result of California conviction.
19. PEOPLE v. GUEVARA
    Apr 1, 2007
    A modification decision.
20. PEOPLE v. JAMES
    Apr 1, 2007
    Sufficient evidence supported defendant's conviction for the aggravated kidnapping of a maintenance worker at the club defendant robbed where defendant forcibly moved worker at gunpoint from parking lot to front door of club to gain entry to club, made worker get fellow emplo…