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Name: People v. Coulthard (2023) 90 Cal.App.5th 743
Case #: H049755
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/30/2023
Subsequent History: Ordered published 04/19/2023

To convict defendant of child abduction, the prosecution was not required to prove that the foreign court order or child custody order used to prove defendant’s guilt had previously been registered in California. Defendant’s daughter, M.C., lived with her mother in the United Kingdom, per a UK custody order. Contrary to the visitation terms of the custody order, defendant refused to return M.C. to her mother following M.C.’s visit with him in the U.S. M.C.’s mother obtained a UK emergency return order, which was served on defendant by the Campbell Police Department. Defendant was arrested, charged, and convicted of child…

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Name: People v. Dillard
Case #: A141998
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 03/29/2018

Convictions for theft by false pretenses and making a false account of public moneys reversed where federal law preempts state prosecution for these offenses. Dillard was the executive director and Daniels was an administrative assistant of the Associated Community Action Program (ACAP), an anti-poverty agency in Alameda County. They obtained a federal Assets for Independence (AFI) grant, meant to establish demonstration projects and to help low income individuals achieve goals such as home ownership. Defendants caused ACAP to use some of the funds for "non-AFI purposes." In addition to other offenses, they were convicted of grand theft by false pretenses…

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Name: In re Jose C.
Case #: S158043
Court: CA Supreme Court
District CalSup
Opinion Date: 01/02/2009

Under Welfare and Institutions Code section 602, a state court has jurisdiction to declare a juvenile a ward of the court on the basis of the juvenile's violation of federal immigration law. In 2006, Jose C., a minor, was apprehended by U.S. Border Patrol agents at the border as he assisted others to illegally enter the United States. The Imperial County District Attorney filed a juvenile wardship petition pursuant to Welfare and Institutions Code section 602, alleging one count of illegally bringing aliens into the United States. Counsel for Jose C. objected on the grounds that the juvenile court lacked…

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Name: People v. Salazar-Merino
Case #: A090898
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 05/29/2001
Subsequent History: None

Penal Code section 114, which prohibits using a false document to conceal one's true citizenship or resident alien status, is not unconstitutionally vague. The statute is clear on its face and the court refused to read into the statute a requirement that the concealment be in an attempt to obtain public benefits. Penal Code section 114 does not violate substantive due process. It is reasonably related to the proper legislative goal of punishing the criminal conduct it proscribes. Penal Code section 114 is severable from the unconstitutional provisions of Proposition 187 (of which it is…

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