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  • Entries: 1 - 5 of 1850


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In re Michael B. A153263 (Div. 2)
category/ies: Dependency, Termination of Parental Rights -- Exceptions, Ineffective Assistance of Counsel
date posted: 2019-04-03
full opinion (PDF): not available
attorney: Erin Keefe
FDAP buddy: Amy Grigsby

Father appealed the order terminating his parental rights arguing that the juvenile court should have applied the beneficial relationship exception. Father also filed a petition for writ of habeas corpus alleging ineffective assistance of counsel due to the failure of counsel to timely request a bonding study. The Court of Appeal agreed that father received ineffective assistance of counsel, issued the writ and reversed the order terminating parental rights of father.

In re C.W. A152993 (Div. 2)
category/ies: Dependency, UCCJEA, Exit orders
date posted: 2019-03-29
full opinion (PDF): not available
attorney: Karen Elcaness
FDAP buddy: Louise Collari

In this published opinion, the Court of Appeal held that the juvenile court abused its discretion when it issued exit orders awarding custody of the minor to father and terminating jurisdiction. In reversing the orders of the juvenile court, the Court found that the conduct of this case strayed significantly from the statutory framework. The Court also addressed issues relating to the applicability of the UCCJEA and that post appeal events did not render the appeal moot.

People v. Salinas-Jacobo A152729 (Div. 2)
category/ies: Jurors, Misconduct
date posted: 2019-03-28
full opinion (PDF): not available
attorney: John Schuck
FDAP buddy: J Bradley OConnel

Trial court abused its discretion in removing a juror from the jury based on the juror’s inability to perform his or her duty. The trial court found that the juror considered information outside of the evidence that was admitted into trial, applied different and incorrect standards of the burden of proof, failed to follow the law and instructions as given, and considered punishment. The Court of Appeal found the trial court’s reasoning for discharging the juror was not manifestly supported by the evidence.

People v. Chatman A151408 (Div. 4)
category/ies: Proposition 47
date posted: 2019-03-19
full opinion (PDF): not available
attorney: James Donnelly-Saalfield
FDAP buddy:

Court of Appeal reduced a felony conviction for identify theft to a misdemeanor finding that, under the provisions of Proposition 47, identity theft must be treated as a misdemeanor - either as shoplifting under section 459.5 or as petty theft under section 490.2 – if the value of the personal identifying information at issue does not exceed $950.

People v. Lawrence, A153658 (Div. 5)
category/ies: Probation Revocation, Admission of Hearsay
date posted: 2019-03-04
full opinion (PDF): not available
attorney: Karlene Navarro
FDAP buddy: Paula Rudman

At appellant’s probation revocation hearing, the trial court erred in admitting hearsay testimony without good cause. The basis for the revocation was appellant’s parole agent testifying that appellant had tested positive for drug use, but the People never presented any documentation confirming drug usage, nor was the parole agent’s testimony based on any documentation. Under such circumstances, the court found a showing of good cause was required under People v. Arreola (1994) 7 Cal.4th 1144 before appellant’s right of confrontation could be dispensed with and the hearsay testimony admitted.

 

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