Legal Opinion · Concurrence

Conservatorship of Christopher B.

California Court of Appeal

Decided September 28, 2015No. C077467Published

1Concurrence

BUTZ, J.,

Concurring. — With apologies to Dolly Parton, here I go again, concurring with myself. (See People v. Elder (2014) 227 Cal.App.4th 1308, 1318 [174 Cal.Rptr.3d 795] (conc. & dis. opn. of Butz, J.).) My fellow justices quite rightly agree that the criminal court attempted to correct judicial error in a ruling that was final and, therefore, under Smith v. Superior Court (1981) 115 Cal.App.3d 285 [171 Cal.Rptr. 387] (Smith), its subsequent orders were void (and, as a result, subject to collateral attack in the present proceedings). Although unable to convince my colleagues to head down…

2Cases cited14 opinions

  1. In Re CandelarioCalifornia Supreme Court · 1970
  2. People v. CastelloCalifornia Court of Appeal · 1998
  3. People v. WadkinsCalifornia Supreme Court · 1965
  4. People v. EroshevichCalifornia Supreme Court · 2014
  5. People v. DeLouizeCalifornia Supreme Court · 2004

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