Daily Opinion Summaries for California Appellate Districts - 03/22/2010

Daily Opinion Summaries California Appellate Districts March 22, 2010 FindLaw.com Daily Opinion Summaries Newsletter Quick Links Cases & Codes Careers LawBrain Legal Market Center Lawyer Directory Lawyer Marketing Table of Contents LATEST SUMMARIES Civil Procedure, Contracts, Injury & Tort Law, Insurance Law • Gray v. Begley Criminal Law & Procedure, Health Law, Sentencing • Wilson v. Sup. Ct. Criminal Law & Procedure • People v. Milward Constitutional Law, Criminal Law & Procedure • People v. Fleury Family Law, Government Law, Indian Law • In re M.B. View FindLaw's new Case Summary Blog for California Case Law. FindLaw's case summaries are copyrighted material and are not intended for republication without prior approval. You may, however, freely redistribute this e-mail in its entirety. To view the full-text of cases you must sign in to FindLaw.com. SPONSOR LATEST SUMMARIES Civil Procedure, Contracts, Injury & Tort Law, Insurance Law Gray v. Begley, No. B212082 In an insurer's motion for setoff arising from an underlying automobile accident and settlement, the trial court's denial of the motion is reversed as, when an insurer provides an insured a defense under a reservation of rights, and the insured subsequently reaches a private settlement with the third party without the participation of the insurer, the insurer may intervene in the underlying action brought by the third party claimant to protect its own interests, including the right to seek a set-off of the judgment against the insured based on a prior settlement by the claimant with another party. Read more... Criminal Law & Procedure, Health Law, Sentencing Wilson v. Sup. Ct., No. B216212 Defendant's petition for habeas relief challenging SVPA commitment proceedings is granted where: 1) balancing the factors articulated by the United States and California Supreme Courts to identify the procedural guarantees appropriate for this context under the due process clauses of the federal and California Constitutions, the state may not proceed with an initial SVPA commitment trial while the defendant is incompetent; and 2) the trial court has inherent power to adopt procedures to hold a competency hearing in connection with an SVPA commitment proceeding. Read more... SPONSOR Criminal Law & Procedure People v. Milward, No. C058326 Conviction of defendant for assault with a deadly weapon and assault by a life prisoner with a deadly weapon is affirmed where: 1) defendant was properly convicted of both offenses as, under current statutes, a life prisoner can commit an assault with a deadly weapon in violation of section 4500 without committing an assault with a deadly weapon in violation of section 245(a)(1), as the latter is not included in the former, and Noah no longer provides binding interpretation; and 2) a jury instruction, CALCRIM No. 875, is incomplete and should be clarified. Read more... Constitutional Law, Criminal Law & Procedure People v. Fleury, No. C061629 In a prosecution of defendant for arson of an uninhabited structure, trial court's imposition of various fines and fees including two $30 assessments under section 70373, in addition to a sentence, is affirmed as the assessment does not violate state or federal prohibitions against ex post facto laws as the Legislature did not intend for the assessment to constitute punishment and the assessment is not so punitive as to override the Legislature's intent. Read more... Family Law, Government Law, Indian Law In re M.B., No. E048581 Decision of a juvenile court terminating a mother and stepfather's parental rights to a minor is affirmed where: 1) ICWA does not require an Indian expert to interview parents in every case; and 2) there is substantial evidence to support the ICWA detriment finding. Read more... SPONSOR Feedback We value your comments! Please take a moment to tell us what you think by sending us an e-mail. Subscription Information Click here to subscribe to a FindLaw Newsletter. To unsubscribe, click here. Advertising Information For more information about advertising in FindLaw Newsletters, click here. 800 W. California Ave., Sunnyvale, CA 94086

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