Newspaper Archive of
Lassen County Times
Susanville, California
May 1, 2007     Lassen County Times
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May 1, 2007

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Lassen County Times Tuesday, May 1, 2007 5A By Sam Williams News Editor California's Court of Appeal, Third Appellate District, brings the appeals court process to Lassen County. Three of the court's ll jus- rices will hear oral argu- ments in two cases -- one from Placer County and one from Lassen County at Susanville's Veterans Memorial Hall on Wednesday, May 2. Students from Lassen High School, judges, lawyers and interested members of the public are invited to attend. The doors open at 8:30 a.m. At 9:30 a.m the justices will hear oral arguments in the Placer County case of The People v. Stacy Victory Scott. At 10 a.m the justices will hear arguments in the Lassen County case of Pit River Tribe v. Milford Donaldson et. al. A question and answer ses- sion will begin at 10:30 a.m but the justices will not answer questions on the cases they've just heard. The court session ends at 11:41 a.m. After the Court of Appeals files the opinions in the cases it heard in Lassen County, copies of the opinions will be forwarded to LHS so the stu- dents may discuss the issues and the justices' decision. As part of this educational experience for high school students, justices of the Third Appellate District will meet with students and teach- ers on Tuesday, May 1, to dis- cuss the court's appellate pro- cess and function. Dan Lewis, Lassen High School's principal, suggested the location and arranged for high school students to attend the proceedings. That evening, /justices, court staff, and local digni- taries will attend an educa- tional and social event. .The court's .h ! stpric. visit marks the first time the Court of Appeal has held a session in Susanville. Deadline to enter is May 18, 2007 Must be 17-22 years old Since the inception of the court's award-winning out- reach program in 2000, oral arguments have been heard in Shasta, Butte, Nevada, Yule, Placer, Sacramento, San Joaquin, E1 Dorado, Plumas, Tehama, Amador, Menu, Yuba and Glenn counties. The jurisdiction of the Court of Appeal, Third Appellate District includes 23 counties and covers the largest geographic district in the state. According to Presiding Justice Arthur G. Scotland, the court decided the time had come to encourage inter- ested individuals to attend argument and learn first hand how the appellate courts operate. "We choose to hold court in a school setting so we could make it an educational oppor- tunity for students," Scotland said. The. Third Appellate District ordinarily holds oral argument at its courtroom in the Library and Courts Building, 914 Capitol Mall: Sacramento. For more information; call Deena C. Fawcett, Clerk/Administrator of the Court of Appeal, Third Appellate District, at 918-653- 0187. People Scott First up is the case of The People v. Stacy Victoria Scott, a criminal case from Placer County. Scott is appealing a convic- tion for burglary and two counts of receiving stolen property. A jury found her guilty, and she was sentenced to 300 days in county jail and five years probation. In her appeal, Scott con- tends her Fourth Amendment rights were denied because her attorney failed to renew a suppression of evidence motion that was denied dur- ing a preliminary hearing during her trial. Generally, if a motion to suppress evidence is denied at a preliminary hearing, the defendant must raise the issue before the trial court to persevere the issue for appeal. At issue is a warrantless search by two welfare case workers and two detectives who visited Scott's residence to conduct welfare check on her 2-year-old daughter. The case workers and detectives reported finding hazardous chemicals on the front porch of the residence. They also said the defendant, who has a history of mental health issues, appeared to be very agitated and paranoid. After consultation with the case workers, one of the detectives determined exi- gent circumstances justified a warrantless entry into the home to protect the child. Once inside the residence, a detective observed the stolen property in plain view Scott claims the detectives came to her house as part of a criminal investigation, and there is no evidence of an imminent danger to the child. She alleges the hazardous chemicals on the porch were simply cleaning supplies and her anger and resistance to the detectives do not equate with a danger to the child. The defendant argues the detectives should have sought a warrant in order to enter her residence without her consent. Pit River Tribe v. Miford Donaldson, et. al The California Department of Transportation began a reconstruction project along a 10-mile segment of state route 299 in Lassen and Shasta counties. Two sites were identified as having prehistoric archeolog- ical significance because they contained flaked and ground stone tools and some debris and bone fragments that may have been Native American artifacts or remains. The two sites were deter- mined not to be within the area of direct impact of the proposed construction. Three years into the pro- ject, Caltrans began excavat- ing the area without notify- ing the Pit River Tribe or hav- ing an archeologist or moni- tor present. Representatives of the tribe KEYS MADE & DUPliCATED FOR MOST VEHICLES SUSANVILLE'S ONLY FULLY LICENSED LOCKSMITH Safes Sales Service & Openings c. uc Serving Susanville Since 1983 PERMIT #142 #264783 We ACCEPT COMPETITORS COUPONS BIG ~TVREEN Pasta * Calzones Sandwiches [ ROOM Soup * Salad Bar 2936 Main St. SusanvUle 257-0222 464-420 Church St. Janesville 253-370{ Open 7 days I lam-10pm All m~jor credit cards appeared at the site and dis- covered obsidian flakes and some human remains. The tribe asked the Native American Heritage Commission to review the matten The commission denied the tribe's appeal. Caltrans resumed construc- tion anti the excavated mate- rials were moved into to stockpiles -- one on state property and a second on the" property of adjacent, land owners who denied the tribe access. The land owner eventually bulldozed the second stock- pile. The tribe brought legal action against Caltans, the commission, other state agen- cies and officers, but the court dismissed the case because the tribe failed to state any valid, legal claim. Caltrans was dismissed from the tribe's appeal on pro- cedural grounds. The appeal against the .commission and other state agencies and officers remains. The tribe argues the court erred and misinterpreted the California Native American Graves Protection and Repatriation Act. The tribe also argues the state agencies violated the Native American Historical, Cultural and Sa~red Sites Act and the California Environmental Quality Act. Noting that the tribe's com- plaint against Caltrans was dismissed, a ruling which is final because the tribe failed to perfect a timely appeal from the judgment dismiss- ing Caltrans from the action, defendants contend the tribe cannot "indirectly pursue its appeal against Caltrans under the guise that all state agencies are one and the same," according to a summa- -W of the case court. Watch for your name -Congratulations! -- Chuck Spence of Susanville You have won 2 FREE passes to Sierra Theatre or Uptown Cinema You have 7 days from this publica- tion to stop by the Lassen County Times at 100 Grand Avenue and pick them up. Winners are picked at random from the Times mailing list. A HOME OF YOUR OWN Charming 2bd, lba home in great uptown location with one car garage, new carpet $119,000. I CREATE YOUR OWN HOMESTEAD with this clean and neat I BO, 1BA home on 9,65 acres, small bern, great area for gar- dens and lots of room for all the animals. $189,000. Donna Smith Realtor 310-1593 Covered stop sign Drivers wlll soon discover a four-way stop at the inter- section of Grand Avenue and North Street, but for now, the new stop signs on North Street remain cov- ered. Photo by Sam Vfd/iams Applications now being accepted for t l and " Pick up applications at the Fair Office at 195 Russell Ave Susanville, or call Shelley Bennett at 2574399 for more information. Sponsored by: Billington Ace Hardware, Beauty Corral, Edge rWireless, Banner Lassen Medzcal Center / YOU'LL LOVE THE ADDRESS ] and the pnce too. You get two houses for theJ prise of one, The main house is a charming 3/ hdrm 2 bath with fir floors throughout, Overl the one car garage there is a 2 bdrm 1 ba~i apartment weith a huge backyard with a large| cherry tree. All this for just $329,000. J 257-2441 2213 Main SL, Susanville, CA 96130 EQUAL HOUSING OPPORTUNITY Larry Smith Broker/owner 310-1592