Legal Opinion · Dissent

Madrigal v. California Victim Compensation & Government Claims Board

California Court of Appeal

Decided December 20, 2016No. B265105Published

1Dissent

BIGELOW, P. J.,

Dissenting.—I respectfully dissent. The majority misinterprets the application of the pertinent statutes, resulting in a decision that will bind the California Victim Compensation and Government Claims Board (the Board) in many of its future hearings in a misguided manner. Contrary to the majority’s view, Penal Code1 sections 1485.5, 1485.55, and 4903 do not conflict with one another. Instead, they set out a consistent statutory framework which directs that the Board is bound by credibility determinations and findings forming the basis for orders made by a state or federal…

2Cases cited2 opinions

  1. Tennison v. California Victim Compensation & Government Claims BoardCalifornia Court of Appeal · 2007
  2. People v. EtheridgeCalifornia Court of Appeal · 2015

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