 | Daily Opinion Summaries
California Case Law Summaries |  | | April 07, 2011 FindLaw.com Daily Opinion Summaries Newsletter |
Table of Contents LATEST SUMMARIES Criminal Law & Procedure, Habeas Corpus, Sentencing
• In re Morgan
Family Law, Indian Law
• In re Z.W.
Civil Procedure, Education Law, Labor & Employment Law
• Sullivan v. Centinela Valley H.S. Dist.
Criminal Law & Procedure, Sentencing
• People v. Indiana Lumbermens Mutual Ins. Co.
Criminal Law & Procedure, Sentencing
• People v. Byrd
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LATEST SUMMARIES California Appellate Districts Criminal Law & Procedure, Habeas Corpus, Sentencing
In re Morgan, No. D056444
Conviction and sentencing of defendant for assault with a deadly weapon is affirmed where trial court properly found that a prior conviction of brandishing a hammer, with a hate crime enhancement, qualified as a serious felony under PC section 1192.7(c)(23). Read more... Family Law, Indian Law
In re Z.W., No. C065746
In a dispute involving Welf. and Inst. Code section 366.26, order terminating parental rights of mother is affirmed as in line with the Indian Child Welfare Act (ICWA) where ICWA noticing was valid because although the list of designated agents changed prior to the final ICWA compliance hearing, the last revised notices were mailed to the agents listed on a previous published list and received before a new list was published. Read more...
Civil Procedure, Education Law, Labor & Employment Law
Sullivan v. Centinela Valley H.S. Dist., No. B219524
In a dispute involving the scope of Education Code section 44929.21, judgment denying petition for a writ compelling defendant to reinstate petitioner as a full-time employee on the basis that section 44929.21(b) notice was untimely is affirmed, because a probationary teacher may not assert failure of service under section 44929.21(b) when he avoids service where, under the circumstances, it reasonably can be inferred that he did so with knowledge of the non-retention decision. Read more... Criminal Law & Procedure, Sentencing
People v. Indiana Lumbermens Mutual Ins. Co., No. E050297
In a criminal appeal arising from a motion to set aside bond forfeiture, order of the trial court declaring a criminal bond forfeited is affirmed where the court did not lose jurisdiction to declare forfeiture after first, unexcused failure of defendant to personally appear in pretrial proceedings. Read more... Criminal Law & Procedure, Sentencing
People v. Byrd, No. D056974
Conviction and sentencing of defendant for an assortment of crimes related to a charge of forcible sodomy, PC section 286(c)(2), is upheld but remanded for resentencing where trial court failed to recognize that it had discretion to impose concurrent, as opposed to consecutive, sentences on multiple counts based on the fact that all the offenses arose on the same occasion or out of the same operative facts. Read more...
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