Legal Opinion

In re D. W.

California Court of Appeal

Decided October 25, 2004No. G031779PublishedCited by 5 opinions

1Opinion of the Court

Opinion

O’LEARY, Acting P. J.

Petitioner, D. W.,1 was ordered incarcerated pursuant to Penal Code section 13322 as a result of being adjudged an uncooperative material witness. D. W. argues she was illegally deprived of her liberty because she was denied counsel and the proper hearings required by the statute. D. W. also contends she was improperly found in contempt pursuant to Code of Civil Procedure section 1209, subdivision (a)(9). We conclude both claims have merit. Petition granted.

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Because D. W. raises two distinct procedural issues, we will first discuss her arguments with respect…

2Cases cited6 opinions

  1. In Re LittlefieldCalifornia Supreme Court · 1993
  2. In Re BuckleyCalifornia Supreme Court · 1973
  3. In Re Francisco M.California Court of Appeal · 2001
  4. Iraheta v. Superior CourtCalifornia Court of Appeal · 1999
  5. Boysaw v. Superior CourtCalifornia Supreme Court · 2000

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. BunyardCalifornia Supreme Court · 2009
  2. In Re DWCalifornia Court of Appeal · 2004
  3. Houston v. DIST. CT.Nevada Supreme Court · 2006
  4. People v. GarciaCalifornia Court of Appeal · 2016
  5. People v. GarciaCalifornia Court of Appeal · 2016

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