David F. Blaisdell, under appointment by the Court of Appeal, for Defendant and Appellant.
Appellant, Michael Lynn Bailes, appeals from a judgment rendered after a jury convicted him of burglary....
Appellant made a motion to exclude the testimony of a police officer on the ground that the prosecution had lost or destroyed photographs allegedly crucial to appellant's defense. This motion was denied. Also denied was appellant's motion to dismiss the information due to insufficient evidence.
Family
Adoption of Jennie L. (1980) 111 Cal.App.3d 422
Oct 28, 1980
OUTCOME: Judgment is reversed and remanded to the trial court with directions to determine on the basis of evidence already submitted whether withdrawal of consent will be for the best interests of the child, and enter judgment accordingly.
David F. Blaisdell, under appointment by the Court of Appeal, for Real Party in Interest and Appellant.
Appellants Christian and Cynthia V. appeal from a judgment granting the natural mother's pe...tition to withdraw her consent to the adoption of her child, Jennie L., by the appellants, and dismissing the adoption proceedings.
The Facts - Jennie L. was born to Diane M. on August 5, 1978. The unwed mother was 16 years of age at the time. When she reported the fact of her pregnancy to her parents, they were upset and angry. They first took her to a doctor to discuss an abortion. When Diane refused an abortion her parents took her to see the appellants' attorney to discuss a possible adoption. A tentative agreement was reached and thereafter appellants were included in the planning for the birth of the child. Appellants were notified when Diane went to the hospital so that they would be present for the delivery, and Diane signed a release to permit the appellants to take Jennie L. home with them from the hospital. Two days later the appellants filed a petition for independent adoption.
On November 6, 1978, Diane was taken to see an adoption worker at the Department of Social Services where she signed an adoption consent form. Shortly after signing the consent she told the worker that she wanted to withdraw her consent to the adoption. She then signed a statement refusing to consent to the adoption, and the consent previously signed by her was returned to her at that time. Thereafter, she went to the appellants' home to pick up Jennie L., but they refused to return the child to her. After some conversation with appellants, Diane again changed her mind and agreed to proceed with the adoption. On November 7, 1978, she returned the consent form to the adoption services, and stated that she wished to go ahead with the adoption. However, on November 8, 1978, a social worker contacted Diane to verify her consent and Diane again refused to consent. At that time she advised the worker that she had been coerced by her father into signing the original consent.
Criminal defense
People v. Benton (1978) 77 Cal.App.3d 322
Feb 01, 1978
OUTCOME: Judgment of lower court reversed.
David F. Blaisdell, under appointment by the Court of Appeal, for Defendant and Appellant
Mrs. Barnhill and her daughter, Sainna Okeson, were seated at the kitchen table in Mrs. Barnhill's apartm...ent on Keel Street in Anaheim on the evening of August 2, 1976. Around midnight, a black man entered. With pistol in hand, he said, "Don't say a word, don't say a mother-fucking word." fn. 1 Two more black men entered, one of whom was the defendant. He was wearing a knit-type watch cap. The men robbed Mrs. Barnhill. One of them then announced that he ought to rape the ladies. He was dissuaded by the other robbers, not for any humanitarian reasons but because the robbers heard police approaching. In addition to taking $70 from Mrs. Barnhill, $2 or $3 were taken from Mrs. Okeson. One of the robbers carried away Mrs. Barnhill's radio.
The Motion To Suppress - With that as a background, we proceed to the evidence adduced at the section 1538.5 hearing which is the basis for the defendant's sole contention on appeal that his constitutional rights were violated during his apprehension by the police. ---
Footnote from above: FN 1. It is a sad commentary on contemporary culture to compare "Don't say a word, don't say a mother-fucking word" with "Stand and deliver," the famous salutation of Dick Turpin and other early English highwaymen. It is true that both salutations lead to robbery. However, there is a certain rich style to "Stand and deliver." On the other hand, "Don't say a word, don't say a mother-fucking word" conveys only dismal vulgarity.
