CA Pub. Decisions

1. PEOPLE v. CARLIN Part II
   May 28, 2007
   Sixth Amendment does not require that predicate offenses under Sexually Violent Predators Act be limited to those that have been admitted by defendant to involve substantial sexual conduct or which were found by jury to involve such conduct at the time. Trier of fact in proceedin…
2. In re BRANDEE TRIPP
   May 28, 2007
   Governor's denial of parole was supported by "some evidence" where the underlying crime was the kidnap and murder of a 10 year old child, the motive for which was to obtain money and to prevent victim from testifying against an accused child molester; defendant admitt…
3. In re ERNEST SMITH
   May 28, 2007
   Where length of time actually served by prisoner under indeterminate sentence prior to release plus credits for his time in custody before prison and post conviction credits for good conduct exceeded base term as determined by parole board, prisoner was not required to serve any …
4. PEOPLE v. CLEOPHUS PRINCE, JR PART I
   May 28, 2007
   Denial of venue change in highly publicized murder case did not deprive defendant of fair trial where neither defendant nor his victims were prominent in community; publicity largely ceased nine months before trial; venire members, in particular those who were eventually seated a…
5. PEOPLE v. CLEOPHUS PRINCE, JR PART II
   May 28, 2007
   Denial of venue change in highly publicized murder case did not deprive defendant of fair trial where neither defendant nor his victims were prominent in community; publicity largely ceased nine months before trial; venire members, in particular those who were eventually seated a…
6. PEOPLE v. CLEOPHUS PRINCE, JR PART III
   May 28, 2007
   Denial of venue change in highly publicized murder case did not deprive defendant of fair trial where neither defendant nor his victims were prominent in community; publicity largely ceased nine months before trial; venire members, in particular those who were eventually seated a…
7. PEOPLE v. CLEOPHUS PRINCE, JR PART IV
   May 28, 2007
   Denial of venue change in highly publicized murder case did not deprive defendant of fair trial where neither defendant nor his victims were prominent in community; publicity largely ceased nine months before trial; venire members, in particular those who were eventually seated a…
8. PEOPLE v. CLEOPHUS PRINCE, JR PART V
   May 28, 2007
   Denial of venue change in highly publicized murder case did not deprive defendant of fair trial where neither defendant nor his victims were prominent in community; publicity largely ceased nine months before trial; venire members, in particular those who were eventually seated a…
9. PEOPLE v. CLEOPHUS PRINCE, JR PART VI
   May 28, 2007
   Denial of venue change in highly publicized murder case did not deprive defendant of fair trial where neither defendant nor his victims were prominent in community; publicity largely ceased nine months before trial; venire members, in particular those who were eventually seated a…
10. PEOPLE v. CLEOPHUS PRINCE, JR PART VII
    May 28, 2007
    Denial of venue change in highly publicized murder case did not deprive defendant of fair trial where neither defendant nor his victims were prominent in community; publicity largely ceased nine months before trial; venire members, in particular those who were eventually seated a…
11. PEOPLE v. CLEOPHUS PRINCE, JR PART VIII
    May 28, 2007
    Denial of venue change in highly publicized murder case did not deprive defendant of fair trial where neither defendant nor his victims were prominent in community; publicity largely ceased nine months before trial; venire members, in particular those who were eventually seated a…
12. BALBOA ISLAND VILLAGE INN, INC v. LEMEN Part I
    May 28, 2007
    Permanent injunction prohibiting defendant from repeating certain defamatory statements about plaintiff was overly broad where it applied not just to defendant but to "her agents, all persons acting on her behalf or purporting to act on her behalf and all other persons in act…
13. BALBOA ISLAND VILLAGE INN, INC v. LEMEN Part II
    May 28, 2007
    Permanent injunction prohibiting defendant from repeating certain defamatory statements about plaintiff was overly broad where it applied not just to defendant but to "her agents, all persons acting on her behalf or purporting to act on her behalf and all other persons in act…
14. BALBOA ISLAND VILLAGE INN, INC v. LEMEN Part III
    May 28, 2007
    Permanent injunction prohibiting defendant from repeating certain defamatory statements about plaintiff was overly broad where it applied not just to defendant but to "her agents, all persons acting on her behalf or purporting to act on her behalf and all other persons in act…
15. TROPPMAN v. VALVERDE
    May 28, 2007
    Vehicle Code Sec. 23612's implied consent law, which deems motorists who have been lawfully arrested for driving while under the influence to have consented to chemical testing, does not require proof of actual driving immediately prior to lawful arrest for driving while unde…
16. PEOPLE v. CRANDELL
    May 28, 2007
    Trial court's imposition on defendant of $2,600 restitution fine not mentioned by prosecutor when he recited parties' plea agreement did not violate plea agreement where court, before taking defendant's plea, had accurately advised him he would "have to pay a rest…
17. BRODIE v. WORKERS COMPENSATION
    May 28, 2007
    When worker suffers an industrial injury that results in permanent disability, Fuentes apportionment formula which calculates percentage of disability attributable to new injury by subtracting old rating from new rating, then consulting table for award due the difference must be …
18. In re CALVIN S.,
    May 28, 2007
    Fourth Amendment does not preclude the collection of DNA samples from a juvenile who is adjudicated under Welfare and Institutions Code Sec. 602 for committing a felony.
19. In re CHARLISSE C., Part I
    Apr 29, 2007
    Disqualification of publicly funded, nonprofit law office from representing child in dependency court on ground that it had previously represented her mother in a separate proceeding was error where child's attorney was not personally and directly involved in representing mot…
20. SC MANUFACTURED HOMES, INC., v. CANYON VIEW ESTATES, INC.,
    Apr 4, 2007
    Action by dealer of mobilehomes against other mobilehome dealers, as well as a number of mobilehome park managers and owners, in which plaintiff alleged it was precluded from selling mobilehomes as a result of a kickback scheme, did not "arise[] out of the provisions" of …