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Case Summaries

Family Law

[09/15] In Re: C.M.
Reversing the order of the juvenile court directing the San Diego County Health and Human Services Agency to immediately remove a woman's child from her care if there was any evidence that the child was exposed to his stepfather or if the mother violated a restraining order arising from his domestic violence against them because the mother had not received notice she would be a restrained party, violating her procedural and substantive due process.

[09/12] Dent v. Wolf
Reversing the dismissal of the suit of a 69-year-old woman to establish her deceased father's paternity because there continues to be a justiciable controversy when a child seeks to establish the paternity of a deceased father but does not seek financial remuneration.

[08/30] In Re Luis H.
Affirming the dismissal of a dependency petition as it applied to two sons the court previously found not to have been placed at a substantial risk of harm in a case where their mother failed to protect her daughter from sexual abuse from their father, the victim's stepfather, because the court felt that they were not at risk in the same manner.

[08/25] In Re Marriage of Noemi Mendoza and Elias Cuellar
Affirming the denial of retroactive permanent spousal support because the petitioner failed to request temporary spousal support at the time of the filing of the petition for dissolution.

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Criminal Law & Procedure

[09/22] US v. Slappy
Vacating a sentence imposed after the revocation of supervised release because the court failed to address the defendant's non-frivolous arguments in favor of a sentence within the guidelines range or explain why it imposed the statutory maximum.

[09/22] P. v. David Martinez III
Remanding a case for the recalculation of criminal laboratory analysis and drug program fees in the case of a man who had a surcharge imposed on the costs because the trial court characterized them as fines rather than fees and, despite a split in decisions relating to this interpretation, the court chose to adopt the reasoning that results in these costs as nonpunitive and therefore not eligible for penalty assessment.

[09/22] Estate of Andy Lopez v. Gelhaus
Affirming the district court order denying defendants' motion for summary judgment on the defense of qualified immunity in a case alleging the use of excessive force by a sheriff's deputy when he fatally shot a thirteen-year-old holding a toy assault rifle because no warning was given and the toy had been pointed at the ground, so a reasonable jury could find that the use of deadly force was not objectively reasonable.

[09/22] Ramirez v. The Superior Court of Imperial County
Vacating a superior court's extradition order because an Arizona probationer whose supervision was transferred to California should not have been extradited to Arizona for probation violations and the request should have been guided by Interstate Compact for Adult Offender Supervision rules and not under the California extradition statutes.

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Albert Necaise, Attorney at Law
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