First District Panel Victories

Results: 231 - 240 of 241

A151383

March 21, 2018

Division: Two

Attorney: Gino De Solenni

Categories: Dependency   ICWA   

On an appeal from the termination of parental rights, the Court of Appeal conditionally reversed and remanded the matter for compliance with the ICWA. Mother and father argued that the Department did not comply with the notice requirements of the Indian Child Welfare Act. The Court of Appeal found that the Department had sent notice to the Apache tribes but had violated the ICWA in failing to send notice to the Cherokee tribes and Karuk tribe referenced by mother. The Department argued that it had contacted grandfather after the jurisdiction pretrial hearing to inquire about his Indian ancestry. However, the Court of Appeal stated that there was nothing in the record to support the Department’s claim that it inquired about grandfather’s potential Indian ancestry.

A151692

February 28, 2018

Division: One

Attorney: Jessica Ronco

Categories: Dependency   Disposition   

Court of Appeal reversed the juvenile court’s dispositional order bypassing father for reunification services pursuant to WIC section 361.5, subdivision (b)(10) and (11). Application of these bypass provisions required a 2-part analysis: 1) that the parent failed to reunify with a sibling of the child, and 2) the parent subsequently failed to make reasonable efforts to correct the problems leading to the removal of the sibling. The Court agreed with father that there must be an overlap of issues between the current and prior dependency matters when applying section 361.5 (b)(10) and (11) to bypass a parent for reunification services.

A143933

February 15, 2018

Division: Four

Attorney: Robert Bryzman

Categories: Criminal   Sentencing   

The Court of Appeal reversed the denial of appellant’s petition for resentencing under Proposition 36, finding that the trial court erred in holding that a conviction for being a felon in possession of a firearm is equivalent to being armed with a firearm, which would be a Proposition 36 disqualifier. The Court of Appeal agreed with “every court to consider the issue” that a felon who possesses a firearm is “armed” only if he has the firearm available for offensive or defensive use. The court further noted that the people bear the burden of proving a defendant is disqualified based on 1170.126, subd. (e) factors.  (People v. Frierson (2017) 4 Cal.5th 225.)

A148242

February 9, 2018

Division: Five

Attorney: Jeremy Price

Categories: Credits   Criminal   Probation, Parole, PRCS, and Mandatory Supervision   

After reducing one of multiple felonies to a misdemeanor pursuant at a Proposition 47 resentencing, custody credits exceeded the newly imposed term of imprisonment. The trial court applied the excess credits to reduce his period of postrelease community supervision (PRCS). In a published decision, the Court construed language recently added to Penal Code section 1170(a)(3) to provide that excess custody credits apply to reduce a period of PRCS. Three prior published decisions had reached the opposite conclusion in the Proposition 36 context.

A151275

January 29, 2018

Division: One

Attorney: Mara Bernstein

Categories: Dependency   Disposition   ICWA   

Mother appealed from the juvenile court’s dispositional order changing the child’s placement, reducing mother’s visitation, and deficiencies in ICWA notice and inquiry. The Court of Appeal reversed the visitation order finding that mother was not given notice that a change in the visitation was sought. The Court agreed that mother’s due process rights were abrogated by the failure to provide her with notice of the request and an opportunity to present evidence and cross-examine witnesses. The Court also remanded for the Department to comply with notice provisions of the ICWA.

A151051

January 19, 2018

Division: Two

Attorney: Patricia Saucier

Categories: Dependency   Jurisdiction   

Mother appealed the juvenile court’s decision removing her two children from her custody, awarding sole custody to their previously noncustodial father, and terminating jurisdiction. Finding a lack of evidence in the record concerning the father’s circumstances and the juvenile court’s failure to explain its decision to immediately terminate jurisdiction, the Court of Appeal reversed and remanded the matter for further proceedings. The Court stated that father’s desire to assume custody, the children’s young age, or the fact that father had cared for one of the children on his own for perhaps two months, was not sufficient to show that continued supervision was unnecessary. The juvenile court may not terminate jurisdiction until it analyzed whether ongoing supervision of the child was necessary.

A151463

January 18, 2018

Division: Three

Attorney: Amy Seff

Categories: Dependency   Disposition   

Mother appealed from the dispositional order removing her four daughters from her custody and ordering supervised visitation. Mother had requested that the children be returned to her care with family maintenance services, or in the alternative, increased visitation. The Court of Appeal found that the evidence before the court provided absolutely no basis for a finding, much less a finding based on clear and convincing evidence, that there was a substantial risk of harm to the children if returned to their home, or that there were no reasonable means of protecting them without removal. The children may not be removed from their home because the Bureau was “curious” how the relationship between mother and father would play out or for an observation period to test the Department’s speculation.

A150346

September 7, 2017

Division: One

Attorney: Jacob Olson

Categories: Dependency   Permanency Planning (Section 366.26)   

Mother appealed from the denial of her section 388 petition for modification and the termination of her parental rights. The Court of Appeal reversed the juvenile court’s order terminating mother’s parental rights and identifying adoption with paternal grandparents in Denmark as the permanent plan for the minor. The Court agreed with mother that she had established the applicability of the beneficial-relationship exception under WIC 366.26, subd. (c)(1)(B)(i). The Court found that due to the undisputed strong bond between mother and the minor, an exceptional situation existed which overcame the Legislature’s preference for adoption. The Court stated that in light of its conclusion that the juvenile court erred in terminating mother’s parental rights, it would be appropriate to remand the entire case so the court could take into consideration any new evidence or changed circumstances so that it may consider the current best interests of the minor.

A147219

July 17, 2017

Division: Three

Attorney: Mark D. Johnson

Categories: Criminal   Fines, Fees, and Victim Restitution   

Court of Appeal reversed order for defendant to pay $250 for defense costs for representation. The defendant himself objected to the fee and Court found that the record was insufficient to support a finding of ability to pay where the defendant was sentenced to two years in prison.

A145857

July 5, 2017

Division: Four

Attorney: Donald Bergerson, Peggy Headley

Categories: Criminal   Fourth Amendment   Pleading and Proof   

Court of Appeal reversed misdemeanor conviction for recent use of a controlled substance where it was barred by one year statute of limitations and reversed all fines and fees associated with that count.

Results: 231 - 240 of 241

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