Hopkins v. Super. Ct.

Docket NumberB270503
Decision Date01 September 2016

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13 cases
  • Tan v. Superior Court of San Mateo Cnty.
    • United States
    • California Court of Appeals
    • March 10, 2022
    ...not eligible for military diversion. ( VanVleck , at pp. 363–367, 205 Cal.Rptr.3d 839.) The court in Hopkins v. Superior Court (2016) 2 Cal.App.5th 1275, 1278–1279, 207 Cal.Rptr.3d 217, review granted Nov. 16, 2016, S237734, disagreed, noting the canon of construction that specific statutes......
  • People v. Superior Court of Riverside Cnty.
    • United States
    • California Court of Appeals
    • July 28, 2022
    ...Court (2015) 60 Cal.4th 940, 956-960, 184 Cal.Rptr.3d 60, 342 P.3d 1217 ( State Dept. ) ; Hopkins v. Superior Court (2016) 2 Cal.App.5th 1275, 1285-1286, 207 Cal.Rptr.3d 217 ( Hopkins ), in concluding both that (1) the statutes irreconcilably conflict, and (2) the Legislature intended the n......
  • Moore v. Superior Court of Riverside Cnty.
    • United States
    • California Court of Appeals
    • December 11, 2020
    ...diversion ( VanVleck, supra , 2 Cal.App.5th at p. 365, 205 Cal.Rptr.3d 839 ), while the court in Hopkins v. Superior Court (2016) 2 Cal.App.5th 1275, 207 Cal.Rptr.3d 217 ( Hopkins ), held that Penal Code section 1001.80 "supersedes Vehicle Code section 23640 to the extent that the latter st......
  • People v. Superior Court of Riverside Cnty.
    • United States
    • California Superior Court
    • July 27, 2021
    ...839.)Shortly thereafter a panel of the Second District Court of Appeal reached the opposite conclusion. In Hopkins v. Superior Court (2016) 2 Cal.App.5th 1275, 207 Cal.Rptr.3d 217, the court found that because the military diversion statute " ‘appl[ies] whenever a [misdemeanor] case is befo......
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3 books & journal articles
  • Table of cases
    • United States
    • James Publishing Practical Law Books California Drunk Driving Law - Volume 1-2 Appendices
    • March 30, 2022
    ...F2d 465 (6th Cir. 1959), §1:54.2 Hopkins v. Bovicino, 573 F3d 752 (9th Cir. 2009), §7:20.7, 7:77.3(a) Hopkins v. Superior Court (2016) 2 Cal.App.5th 1275, §§3:55.1, 3:55.2, 8:10 Hopt v. People of Utah (1887) 120 U.S. 430, §9:12 Horner v. Board of Trustees (1964) 61 Cal.2d 79, §11:217 Hosek ......
  • Diversion and the suspension of proceedings
    • United States
    • James Publishing Practical Law Books California Drunk Driving Law - Volume 1-2 Volume 1
    • March 30, 2022
    ...Veh. C § 23640 bars it. This led to a split of authority in two published Court of Appeal cases, with Hopkins v. Superior Court (2016) 2 Cal.App.5th 1275, holding that Veh. C §23640 does not bar it and People v. VanVleck (2016) 2 Cal. App.5th 355, reaching the opposite conclusion. The Hopki......
  • Developments in Law Regarding Veterans
    • United States
    • California Lawyers Association California Litigation Review (CLA) No. 2019, 2019
    • Invalid date
    ...that military diversion is not available for defendants charged with driving under the influence. In Hopkins v. Superior Court (2016) 2 Cal.App.5th 1275, the appeals court reached the opposite conclusion. The California Supreme Court granted review in Hopkins.The language in Hopkins include......