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Author Topic: Westlaw - Does "disapproved" mean overruled?  (Read 990 times)

swifty

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Westlaw - Does "disapproved" mean overruled?
« on: December 01, 2004, 05:53:45 PM »
I'm not real familiar with Westlaw, but my class is convinced that
this case has been "overruled in part" where I say it was "disaproved in part"
meaning it is not all "bad law," maybe only one part was disaproved.  I see
no where does it say it is "overruled."  Thoughts?

89 cal.app.3d 388

Thanks....
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slacker

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Re: Westlaw - Does "disapproved" mean overruled?
« Reply #1 on: December 02, 2004, 03:33:19 AM »
Well, the keycite flag is: No longer good for at least one point of law.

Have you looked through the Ca. Supr. Ct. opinion where it cites your case? They give quotes such as the following: "We disapprove of suggestions by the Courts of Appeal that a criminal defendant must in every case show the lack of an alternative source regardless of the circumstances." (Delaney v. Superior Court, 268 Cal.Rptr. 753 at 813 - crappy cite, I know)

Seems that the CA Supreme Court is choosing not to follow your appellate case on this matter. It doesn't mean, though, that the entire case is overruled, as noted in one of the other appellate opinions cited the follows Delaney, Roe v. Superior Court, 229 Cal.App.3d 832, 280 Cal.Rptr. 380 (Cal.App. 2 Dist. Apr 26, 1991).

Take a look at the Sanchez case that's also in the keycite. The Supr. Ct. still likes the test from your case, also used in Delaney, but still doesn't like the part cited above.

While the language used is "disapproved"...it seems that it's functionally the same as being overruled on this one part.