Holt v. Kelly

Opinion

MOSK, J.

Petitioner Lewis Lynn Holt seeks the return of 32 items of properly, or the value of such property, taken by respondent Trinity County Sheriff at the time of petitioner’s arrest in January 1974. In November 1974 he filed a petition for writ of mandate in the superior court, but a demurrer to the petition was sustained. Subsequently petitioner in propria persona sought a writ in this court. We transferred the proceeding to the Court of Appeal with directions to issue an alternative writ of mandate.

The Court of Appeal appointed counsel for petitioner and a referee to hear…