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  • Entries: 1 - 5 of 1787


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In re I.C. A151743 (Div. 4)
category/ies: Dependency, ICWA
date posted: 2108-03-21
full opinion (PDF): not available
attorney: Amy Grigsby
FDAP buddy:

On appeal from the order of the juvenile court terminating his parental rights, father argued that the juvenile court failed to comply with the inquiry and notice requirements of the ICWA. The Court concluded that the information about father’s Indian ancestry was sufficient to trigger a duty of further inquiry. The Court emphasized that the duty of ICWA inquiry was affirmative and continuing. Even though the Department had access to multiple members of the minor’s extended family who could have been questioned about father’s claim of Indian ancestry, the Department relied solely on its initial failure to obtain additional information for its conclusion that the ICWA did not apply in this case.

In re Carlos J. A151369 (Div 5)
category/ies: CYA/DJJ Commitment
date posted: 2019-04-10
full opinion (PDF): not available
attorney: Violet Elizabeth Grayson
FDAP buddy: Kathryn Seligman

Court reversed DJF placement due to a lack of evidence of benefit to the minor. Although the probation report asserted that DJF was the best placement to address the needs of the minor and "it can be presumed that assertion was based on some knowledge of the DJF" the "unexplained and unsupported assertion of possible benefit is not evidence of reasonable, credible, and of solid value" from which the juvenile court could make an informed decision. Remanded for a new disposition hearing.

In re Angelo M. A151473 (Div 1)
category/ies: Maximum Confinement Time
date posted: 2018-04-13
full opinion (PDF): not available
attorney: Cheryl Cotterill
FDAP buddy: Stephanie Clarke

Court struck maximum term of confinement, imposed where the minor was not removed from parental custody as set out in Welf. & Inst Code section 726, subd(d)(1).

People v. Lopez A148539 (Div. 1)
category/ies: Request to Discharge Retained Counsel
date posted: 2018-04-11
full opinion (PDF): not available
attorney: Richard Such
FDAP buddy:

Court of appeal reversed no contest plea (lewd acts upon a child under 14, rape, multiple victim allegation) resulting in 35 years-to-life sentence, based on the trial court abusing its discretion in denying request to discharge retained counsel and court failing to properly advise defendant about the consequences of plea. The erroneous denial of right to discharge retained counsel is presumptively prejudicial and automatically requires reversal.

People v. Buxton A146956 (Div. 2)
category/ies: 667.5(b), Proposition 47
date posted: 2018-04-03
full opinion (PDF): not available
attorney: Maggie Shrout
FDAP buddy: Richard Such

Trial court agreed with reasoning in People v. Abdallah (2016) 246 Cal.App.4th 736., that it was error to impose 667.5, subd. (b), one-year prior prison term enhancement after underlying felony conviction was reduced to a misdemeanor. Noting that once felony is reduced to a misdemeanor, the imposition of the enhancement would be contrary to voter intent in enacting Prop 47.

 

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