September, 2000
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CRIMINAL
Tuggle on Habeas Corpus
S089965 (C033455)
Unpublished opinion. Petition for review after the Court of Appeal reversed an order granting habeas corpus relief. Issues presented in this case include the issue of whether a state prisoner sentenced to 25-years-to-life under California's "three-strikes law" sentencing scheme is precluded from earning "work-time" conduct credits for "non-serious"/"non-violent" predicate offense (base term). The court ordered briefing deferred pending decision in Cervera on Habeas Corpus, S075310. 09/27/00
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Update: Review dismissed on 05/23/01.

CRIMINAL
People v. Walsh
S089558 (A085779; 81 Cal.App.4th 911.)
Petition for review after the Court of Appeal reversed the trial court's dismissal of petitioner's case. The court ordered briefing deferred pending decision in Price v. Superior Court, S085852. 09/27/00
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Update: Review dismissed on 08/29/01.

TAX
Geneva Towers v. San Francisco
S090136 (A088355; 81 Cal.App.4th 658.)
Petition for review after the Court of Appeal affirmed a judgment of dismissal of a civil action. Issues presented in this case include the issue of whether Revenue and Taxation Code § 5141 provides the exclusive statute of limitations period to be applied in tax refund claims thereby precluding application of Code of Civil Procedure § 343. 09/27/00
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TAX
Griffith v. Santa Cruz
S090107 (H019505)
Unpublished opinion. Petition for review after the Court of Appeal affirmed judgments in mandate proceedings. This case includes the issue of whether the Government Code § 53720-53730 applies to charter cities. The court ordered briefing deferred pending decision in Howard Jarvis Taxpayers Assn. v. City of La Habra, S082591. 09/20/00
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Update: Review transferred to the Court of Appeal on 10/10/01.

CRIMINAL
People v. Sengpadychith
S090076 (H016871, H020131)
Unpublished opinion. Petition for review after the Court of Appeal affirmed in part and reversed in part a judgment of conviction of criminal offenses and denied a petition for writ of habeas corpus. The court limited review to the issues of what evidence is sufficient to establish the "primary activities" element of the criminal street gang enhancement (Pen. Code § 186.22) and what harmless error standard applies to failure to instruct on that element. 09/20/00
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Update: Decision issued on 08/02/01.

CRIMINAL
People v. Toledo
S089957 (B126748; 81 Cal.App.4th 322.)
Petition for review after the Court of Appeal affirmed a judgment of conviction of criminal offenses. This case concerns whether the general attempt statute (Penal Code § 664) does, and constitutionally may, apply to create the crime of an attempted violation of Penal Code § 422 (terrorist threats). 09/20/00
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Update: Decision issued on 07/23/01.

CRIMINAL
In re Randy G.
S089733 (B133952; 80 Cal.App.4th 1448.)
Petition for review after the Court of Appeal affirmed an order in a wardship proceeding. This case concerns the constitutional standards governing the detention of a public school student by a school security guard on school grounds and whether those standards were met and, if not, whether the student's subsequent consent to a search was tainted requiring the suppression of evidence seized in the search. 09/13/00
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Update: Decision issued on 08/13/01.

GOVERNMENT/CONSTITUTIONAL LAW
Teyssier v. City of San Diego
S090271 (D033171; 81 Cal.App.4th 685.)
Petition for review after the Court of Appeal affirmed judgments in actions for refund of taxes. The court ordered briefing deferred pending decision in Apartment Assn. of Los Angeles County, Inc. v. City of Los Angeles, S082645 which concerns whether a city's "service fee" to fund inspection of rental units and eradication of substandard housing is a charge or fee "imposed . . . as an incident of property ownership" within the scope of California Constitution, article XIII D. 09/13/00
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Update: Review dismissed on 03/28/01.

CRIMINAL
Marks v. Superior Court
S085224
Original proceeding. This case concerns the question of whether, and if so to what extent, separate appointed habeas corpus counsel is entitled to participate in correcting, augmenting, and settling the record on appeal in a capital case. 09/13/00
Update: Opinion filed 01/28/02 discharging order to show cause. Rehearing petition filed 02/13/02.