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Legal Opinion

People v. Batey

California Court of Appeal

Decided July 31, 1986No. D002900PublishedCited by 4 opinions

1Opinion of the Court

Opinion

KREMER, P. J.

The People appeal an order of the superior court dismissing felony child stealing charges against Betty Lou Batey on the ground a factually related contempt judgment against her in a domestic case placed her once in jeopardy. We find the contempt order to be coercive and civil rather than punitive and criminal. Accordingly, the constitutional prohibition against double jeopardy has not been violated and the order appealed from must be reversed.

*1283Factual and Procedural History1

On September 7, 1982, the San Diego County Superior Court awarded custody of then 11 -year-old Brian…

2Cases cited19 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Benton v. MarylandSupreme Court of the United States · 1969
  3. Brown v. OhioSupreme Court of the United States · 1977
  4. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
  5. Shillitani v. United StatesSupreme Court of the United States · 1966

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

3Cited by4 opinions

  1. State v. MertzNorth Dakota Supreme Court · 1994
  2. People v. DohertyAppellate Court of Illinois · 1988
  3. People v. DohertyAppellate Court of Illinois · 1988
  4. People v. BateyCalifornia Court of Appeal · 1986

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