Recent CA appeal court decisions illustrate a pattern.

The below table reflects some of the most recent CA appeal court decisions. The prefixes designate the different districts. The first appellate district is represented by the letter A, the second with the letter B, the third with the letter C, the fourth with the letters, D, E and G (depending on division one, two and three); the fifth with the letter F and the sixth with the letter H. They are overwhelmingly criminal and juvenile court cases with the exception of one or two civil cases. There is only ONE family law case, a restraining order reflected, which was reversed in part and affirmed in part, and which did not involve children.

The list will be updated on a continual basis.  The question that any parent has to ask themselves is why are family law appeal cases placed on an invisible back burner and designated at the bottom of the pile in an apparent informal policy of deeming family law cases as pond scum?   Our children experience irreversible damage while an appeal is pending in a court of appeal which can manifest itself in their future relationships or other behavior including an increased risk of substance abuse and criminal behavior, depending on the circumstances, as they are subjected to the same behavior that is the subject of an appeal for a prolonged basis. An alcoholic will not stop drinking and abuse won’t stop while an appeal is pending, while the justices consider the circumstances of a case frozen at a particular point in time.

Perhaps it is time to consider specialized appellate courts that deal exclusively with family law and domestic violence cases, where the justices recognize that children, parents and their circumstances are not frozen in time and where an expeditious appeal that addresses the best interest of children is preferred in compliance with the public policy of this state to “Preserve” the parent child relationship depending on certain factors.  Indeed the public policy of the State of California  is to assure that children have frequent and continuing contact with both parents (section 3020, subd. (b)). Appellate decisions have repeatedly emphasized the trial courts must bear in mind that “preservation [173 Cal. App. 3D 219] of parental relationships is in the best interest of the child as well as that of the parent [citations] “ In re Marriage of Ciganovich (1976) 61 Cal.App.3d 289, 293; In Re Brandie W. (1984) 157 Cal. App. 3d. 110, 114 [203 Cal. Rptr. 537].

Perhaps the appellate policy, that flies in the face of the public policy of this state, will only change if the child of a justice is forced to go through the same torture that parents are exposed to on a continual basis.

 

Case When initiated When decided Decision
G048241 03/29/13 04/11/14 Affirmed
F066596

E058971

E057125

C072506

B251336

A139575

03/31/13

6/17/2013

9/10/2012

11/21/2012

9/11/2013

8/20/2013

 

04/11/14

04/11/14

04/11/14

04/11/14

04/11/14

04/11/14

Reversed

Affirmed

Affirmed part reversed part

Reversed and remanded

Writ proceeding denied

Remanded for sentencing

F066416

F064382

E059770

D063596

B252035

B249464

B248429

B245430

B241091

B240171

B238297

A138747

12/31/2012

2/16/2012

10/1/2013

2/22/2013

9/25/2013

6/11/2013

4/30/2013

11/20/2012

4/30/2012

3/21/2012

12/29/2011

5/21/2013

4/11/14

4/11/14

4/11/14

4/11/14

4/11/14

4/11/14

4/11/14

4/11/14

4/11/14

4/11/14

4/11/14

4/11/14

 

Remanded for new hearing

Affirm

Affirm

Affirm

Affirm

Modification of judgment

Reversed

Affirm with directions

Affirmed

Reversed with direc to dismiss

Affirmed in part reversed part

Reduction of time

E054921

A13553

A136912

F065821

F065211

E060536

E057506

C074730

C073754

A139669

A137517

A135894

H039283M

11/18/2011

5/25/2012

10/10/2012

9/14/2012

6/28/2012

2/25/2014

1/15/2013

9/15/2013

4/24/2013

9/9/2013

1/4/2013

6/28/2012

1/28/2013

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

 

Reverse

Reverse

Affirm

Affirm

Affirm

Writ petition denied

Affirm

Affirm

Affirm

Affirm

Affirm

Affirm

Opinion modified no change in judgment.

E059445

E058965

E058805

E057945

E057534

E057525

H040193

G048073

 

E059649

E059426

E058999

E057672

8/16/2013

6/13/2013

5/21/2013

1/22/2013

1/20/2012

1/8/2012

9/27/2013

2/25/2013

 

9/16/2013

8/12/2013

6/21/2013

12/7/2012

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

 

4/10/14

4/10/14

4/10/14

4/10/14

 

Affirm

Affirm

Affirm

Affirm

Affirm in part reversed part

affirm

affirm

affirm as modified, remand for sentencing

Affirm

Affirm

Affirm

Affirm

 

F067588

F065629

F065560

E057076

E056961

E056401

C069312

B248692

B246112

A136351

E057187

E056607

D064381

D063255

D062937

C074864

C070700

C072101

B251078

B247658

B247375

F067525

F064564

F064237

D063057

C074671

B250907

H039715

6/13/2013

8/15/2012

8/13/2012

9/16/2012

8/20/2012

6/1/2012

9/23/2011

5/13/2013

12/27/2012

8/20/2012

9/20/2012

6/29/2012

8/8/2013

1/3/2013

10/21/2013

9/27/2013

3/13/2012

9/19/2012

8/19/2013

3/18/2013

3/8/2013

6/25/2013

6/21/2013

1/24/2012

11/19/2012

8/29/2013

7/17/2013

5/30/2013

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

4/10/14

 

Affirm

Affirm

Affirm

Affirm

Affirm

Affirm

Affirm

Affirm

Reverse and Remand

Affirm

Affirm

Affirm with directions

Affirm

Reverse and remand

Affirm

Affirm

Affirm

Affirm

No standing to appeal

Affirm

Affirm

Affirm

Affirm

Affirm

Affirm

Reversed

Affirm

Affirm

 

 

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s