resources image
FDAP Victories
 Filter by Category

 Or, Search by Keyword


 Currently Displaying:

  • Category: All
  • Entries: 1 - 5 of 1927


> click here for tips on using this database and access to pre March 2005 victories

In re A.B. A155442 (Div. 1)
category/ies: ICWA
date posted: 2109-07-26
full opinion (PDF): not available
attorney: Konrad Lee
FDAP buddy: Louise Collari

Mother and father raised several issues in an appeal from the termination of parental rights. The Court of Appeal agreed that the Department failed to comply with ICWA notice requirements. Even though the statement of Apache ancestry was fairly vague, father identified a specific tribe through which ancestry might flow. A suggestion of Indian ancestry was sufficient to trigger the notice requirement.

In re J.C., A155127 (Div. 5)
category/ies: Probation Conditions
date posted: 2019-10-21
full opinion (PDF): not available
attorney: Jennifer Sheetz
FDAP buddy: Paula Rudman

The Court of Appeal concluded the juvenile court did not abuse its discretion in imposing an electronic search condition, but the condition must be narrowed on remand.

People v. Flores, A155281 (Div. 5)
category/ies: Insufficiency of the Evidence, Lewd Acts Within Time Period
date posted: 2019-10-21
full opinion (PDF): not available
attorney: Eric Larson
FDAP buddy: J Bradley OConnel

A jury found the defendant guilty of sexual intercourse or sodomy with a child 10 years of age or younger (Pen. Code, § 288.7, subd. (a)), among other offenses. However, the Court of Appeal found that insufficient evidence proved that the charged offense occurred on or after the statute’s effective date and therefore reversed the conviction.

In re Joshua C. A156771 (Div. 3)
category/ies: ICWA
date posted: 2019-10-15
full opinion (PDF): not available
attorney: Alexis Collentine/Suzanne Davidson
FDAP buddy: Amy Grigsby/Louise Collari

Mother and father appealed from the termination of parental rights. The Court of Appeal conditionally reversed and remanded for ICWA error. The Court found that notice should have been provided to all Pomo-affiliated tribes and that the ICWA notice had omitted information regarding the maternal grandparents and the maternal great-grandmother.

People v. Kantner, A155552 (Div. 5)
category/ies: Conditions, Overbroad and/or Vague Conditions
date posted: 2019-10-15
full opinion (PDF): not available
attorney: Leila Moncharsh
FDAP buddy: Stephanie Clark

The Court of Appeal struck the electronic search condition, but remanded the case to the trial court to consider whether a narrower condition would comport with In re Ricardo P. (2019) 7 Cal.5th 1113.

 

HOME | ABOUT FDAP | NEWS | CLAIMS | CONTACT US | DISCLAIMER
Copyright © 2019 First District Appellate Project. All rights reserved