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Name: In re T.F.
Case #: A144085
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 10/16/2017

Juvenile court erred by admitting minor's confession because minor did not voluntarily waive his Miranda rights under officer's aggressive and intimidating interrogation. T.F., a minor, was accused of committing a lewd act on a 4-year-old when he was 13 years old. During their investigation, two police officers removed T.F. from his class and put him in a school conference room where their questions "quickly evolved from basic information gathering into an interrogation." During the hour-long session, the officers did not read T.F. his Miranda rights. The officers then transported T.F. to the police station where one officer delivered a rapid…

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Name: People v. Pennington
Case #: S222227
Court: CA Supreme Court
District CalSup
Opinion Date: 08/17/2017

A harbor patrol officer is a peace officer only if his or her primary duty is law enforcement in either of two circumstances: (1) when acting on or about the property or (2) when performing necessary duties anywhere in the state. Pennington kicked a harbor patrol officer in the chest after the officer confronted him for trespassing at a marina. He was charged with battery of a peace officer (Pen. Code, §§ 242, 243, subd. (b)), among other related charges. At the request of the prosecution prior to trial, the court ruled that harbor patrol officers are peace officers as…

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Name: People v. Superior Court (Wright)
Case #: B232709
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 07/12/2011

A conclusive presumption may only apply when the criteria described in the presumption-creating statute is met. Wright faced an eight-count felony indictment. Two violations of Elections Code section 18560, casting fraudulent votes, were based on elections when he voted in the district where he was registered to vote. The trial court erroneously dismissed the charges based on Election Code section 2026's conclusive presumption that the domicile of a Member of the Legislature shall be at the residence address indicated on that person's currently filed affidavit of voter registration. Mr. Wright registered at an address in a district where he did…

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