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In re D.O., A147243 (Div. 1)
category/ies: Overbroad and/or Vague Conditions
date posted: 2016-11-09
full opinion (PDF): not available
attorney: Lisa M Sciandra
FDAP buddy:

Electronic search condition of probation overbroad where it allowed access to information unlikely to reveal whether the minor engaged in criminal activity or complied with the probation conditions. The court modified the condition so to limit access to information reasonably likely to reveal whether the minor is complying with the terms of probation. The court did not limit the type of electronic device subject to such a search.

People v. Caldwell, A145662 (Div. 5)
category/ies: Instructional Error
date posted: 2016-11-09
full opinion (PDF): not available
attorney: Paula Rudman
FDAP buddy:

Insufficient evidence that defendant authorized any alibi fabrication that would justify giving CALCRIM No. 371-C. The instruction allows an inference of consciousness of guilt where evidence shows the defendant is present and has knowledge or authorizes fabricated evidence or testimony. However, the court found the error in giving the instruciton harmless where the victim positively identified appellant and the verdict reflected the jury's acceptance of this identification and rejection of the alibi defense.

In re M.B.-C. et al, No. A147812 (Div. 3)
category/ies: Dependency, ICWA
date posted: 2016-11-03
full opinion (PDF): not available
attorney: Jamie Moran
FDAP buddy: Anya Emerson

Appellant father obtained an ICWA notice reversal in this juvenile dependency termination of parental rights appeal. The Court of Appeal agreed that ICWA notices must be sent to the address for the tribe listed in the Federal Register, not to the address listed on the State Department of Social Services’s (CDSS) website, absent a showing that the latter is more accurate or current, a showing that was not met here.

People v. R.C., A146796 (Div. 2)
category/ies: Juveniles, Probation Conditions
date posted: 2016-11-03
full opinion (PDF): not available
attorney: Patricia Noel Cooney
FDAP buddy:

Probation conditions stricken. Where juvenile disposition included transfer to DJJ, the court could not impose probation condition that would purportedly apply even after that transfer occurred. Court limited to control over juvenile's conduct up until point of transfer to DJJ.

People v. Prescott, A135991 (Div. 1.)
category/ies: Juveniles, Limited remand (People v. Franklin (2016) 63 Cal.4th 261)
date posted: 2016-11-02
full opinion (PDF): not available
attorney: Maribeth Halloran
FDAP buddy:

Remand case to allow defendant to make a record pertaining to the juvenile sentencing factors identified in Miller v. Alabama (2012) ___U.S. __ [132 S.Ct. 2455]. Appellant and the Attorney General agreed that "a limited remand is appropriate in order to afford defendant an adequate opportunity 'to make a record of information that will be relevant to the Board as it fulfills its statutory obligations under sections 3051 and 4801.'” (quoting People v. Franklin (2016) 63 Cal.4th 261, 287.)

 

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