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Federal Judiciary

: California Appellate Report

People v. Hernandez (Cal. Ct. App. - March 24, 2009)

By Shaun Martin

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Justice McIntyre (and the rest of the panel) is totally right in this one. Taking property -- even allegedly stolen property -- from a pawnbroker without notice or an opportunity to be heard is indeed a violation of their procedural due process rights. Moreover, there's no reason for it; there's plenty of ways to solve this problem without violating the Constitution.

Were I John Sansone -- County Counsel for San Diego -- I would have confessed error in this one. The Court of Appeal is clearly right. As is the proper outcome.

Full post as published by California Appellate Report on March 30, 2009 (boomark / email).

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