11 results for 'judge:"Buchanan"'.
J. Buchanan finds that the trial court properly admitted statements made by a sexual abuse victim to her friends about abuse that occurred years before. The "fresh complaint" doctrine, which rejects complaints unless they are made immediately after alleged abuse, is outdated since child victims often delay their disclosure of abuse. The trial court admitted the statements for the nonhearsay purpose of establishing the nature of her disclosure, and trial courts are encouraged to refer to this practice as the "prior disclosure" doctrine. Also, expert testimony about Child Sexual Abuse Accommodation Syndrome was properly admitted. However, the trial court should have applied presentence conduct credits to defendant's sentence. Reversed in part.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: April 15, 2024, Case #: D083310, Categories: Evidence, Sentencing, Sex Offender
J. Buchanan finds that the trial court properly denied a car manufacturer's motion to compel arbitration of a car buyer's lemon law claim. The manufacturer was not a party to the sales contract between the dealer and buyer containing the arbitration clause, so it cannot compel arbitration on the basis of collateral estoppel. And the dealership's provision of the manufacturer's warranty as part of the sale did not automatically incorporate the warranty into the sales contract between the dealer and buyer. Affirmed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: March 15, 2024, Case #: D083006, Categories: Arbitration, Consumer Law, Warranty
J. Buchanan finds that the trial court must hold an evidentiary hearing on defendant's claim for resentencing on a manslaughter conviction. He made a prima facie case for resentencing on the conviction, which was the result of a guilty plea to a lesser included offense of a charged murder, and the record is insufficient to determine whether he could be convicted of murder under current law. Reversed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: February 26, 2024, Case #: D082071, Categories: Murder, Sentencing, Manslaughter
J. Buchanan finds that the trial court erred in granting summary judgment to an insurer that refused to defend and indemnify a policyholder's adult child who was in a traffic collision. The policy was still in effect for the adult child because the insurer was required to give all named insureds under the policy, not just the policyholder, advance notice of policy cancellation. Reversed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: February 26, 2024, Case #: D081431, Categories: Insurance
[Modified.] J. Buchanan adds a footnote and denies a rehearing with no change in judgment. The trial court properly denied defendant's petition for resentencing on a first degree, lying-in-wait murder conviction. He failed to establish that statutory changes meant that he could not be presently convicted of the crime based on his actions. Affirmed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: December 26, 2023, Case #: D081861, Categories: Murder, Sentencing
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J. Buchanan finds that the trial court erred in concluding that a plea agreement barred it from conducting a full resentencing hearing under new law, and instead conducted a partial hearing that struck a one-year prior prison term enhancement from defendant's sentence. And if the full hearing results in a sentence reduction, the state may not back out of the plea agreement. Reversed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: December 8, 2023, Case #: D082219, Categories: Murder, Sentencing, Plea
J. Buchanan finds that the trial court properly denied defendant's petition for resentencing on a first degree, lying-in-wait murder conviction. He failed to establish that statutory changes meant that he could not be presently convicted of the crime based on his actions. Affirmed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: December 6, 2023, Case #: D081861, Categories: Murder, Sentencing
J. Buchanan finds that the trial court properly refused to dismiss a white-collar enhancement that contributed to defendant's 23-year sentence for grand theft and securities fraud. Dismissal of the enhancement was discretionary and did not become mandatory upon a finding that dismissal would not endanger public safety. Affirmed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: November 21, 2023, Case #: D081331, Categories: Fraud, Sentencing, Securities
J. Buchanan finds that defendant must face charges of implied malice murder and felony child endangerment for the death of a newborn she chose to deliver at home without assistance. Because of recently enacted law providing immunity for acts or omissions during pregnancy, she cannot be tried for choosing an unattended home birth. But she may be prosecuted for post-birth acts or omissions such as not properly clamping the umbilical cord that may have led to the baby's death. Vacated.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: July 28, 2023, Case #: D081640, Categories: Murder
J. Buchanan finds that the trial court should have granted a domestic violence restraining order to a mother. A showing of recent abuse was not required for her to demonstrate a reasonable fear of future abuse. Abuse that led to a previous restraining order against the father of her children and a subsequent instance of domestic violence were enough to merit renewal. Reversed.
Court: California Courts Of Appeal, Judge: J. Buchanan, Filed On: June 2, 2023, Case #: D080707, Categories: Domestic Violence