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Legal Opinion

People v. Ernesto H.

California Court of Appeal

Decided January 3, 2005No. H026961PublishedCited by 8 opinions

1Opinion of the Court

Opinion

WALSH, J.

A public school physical education teacher saw a student acting as a lookout for two classmates attempting to fight. As the teacher approached, the student warned the classmates. The teacher directed the student not to act as a lookout and to move to another area. Stepping toward the teacher with clenched hands at his side, the student replied, “Yell at me again and see what happens.”

A juvenile court found true the allegation that the student violated Penal Code section 71, which prohibits a person from attempting to cause a public employee to refrain from doing any act in the…

2Cases cited18 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  3. Harte-Hanks Communications, Inc. v. ConnaughtonSupreme Court of the United States · 1989
  4. Virginia v. BlackSupreme Court of the United States · 2003
  5. Watts v. United StatesSupreme Court of the United States · 1969

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3Cited by8 opinions

  1. People v. VivarCalifornia Supreme Court · 2021
  2. People v. LopezCalifornia Court of Appeal · 2015
  3. In re E.A. CA1/3California Court of Appeal · 2013
  4. People v. Aguirre CA2/6California Court of Appeal · 2020
  5. People v. LopezCalifornia Court of Appeal · 2015

3 more not listed; retrieve them via the Exa API.

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