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Legal Opinion

People v. Neidinger

California Supreme Court

Decided November 20, 2006No. S133798PublishedCited by 9 opinions

1Opinion of the Court

Opinion

CHIN, J.

Penal Code section 278.5 provides in subdivision (a) that it is a crime when a person “takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation . . . -” Section 278.7, subdivision (a) (section 278.7(a)), provides, however, that section 278.5 does not apply to a person who has a right to custody of the child and acts “with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm . . . .” This case…

2Cases cited14 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. People v. WatsonCalifornia Supreme Court · 1956
  3. Patterson v. New YorkSupreme Court of the United States · 1977
  4. Martin v. OhioSupreme Court of the United States · 1987
  5. Dixon v. United StatesSupreme Court of the United States · 2006

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

3Cited by9 opinions

  1. People v. Jo, California Court of Appeal, 5th District2017
  2. People v. SherowCalifornia Court of Appeal · 2011
  3. United States v. ChristyDistrict Court, D. New Mexico · 2011
  4. People v. SisuphanCalifornia Court of Appeal · 2010
  5. People v. Vasquez, California Court of Appeal, 5th District2018

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

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