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Name: Jonathon M. v. Superior Court
Case #: C052769
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/31/2006

A juvenile court judge abused her discretion when she refused to follow a published opinion. Following the issuance of a published appellate court opinion regarding the handling of peremptory challenges in delinquency proceedings in San Joaquin County, a juvenile court judge in that county determined that she was not obligated to follow that opinion because she believed that a petition for review would be filed in that case. The appellate court issued a writ of mandate ordering the judge to follow the opinion, noting that under California Rules of Court, rule 977(d), a published opinion may be cited or relied upon as soon as it is certified for publication.