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Legal Opinion

Perakis v. Superior Court

California Court of Appeal

Decided December 13, 1979No. Civ. 47257PublishedCited by 5 opinions

1Opinion of the Court

Opinion

NEWSOM, J.

Petitioners are the defendants, charged with bookmaking offenses under Penal Code section 337a, subdivision 4 and/or 337a, subdivision 5, in the underlying criminal action.

On June 11, 1979, they filed in the superior court a pretrial motion to dismiss based upon the claim that Santa Clara County law enforcement agencies have engaged in deliberate and invidious discriminatory enforcement of Penal Code section 337a against them, in violation of federal and state equal protection standards. Accompanying this motion was one for discovery, to force divulgence of documentary…

2Cases cited7 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Oyler v. BolesSupreme Court of the United States · 1962
  3. Murgia v. Municipal CourtCalifornia Supreme Court · 1975
  4. People v. Superior Court (Hartway)California Supreme Court · 1977
  5. Bortin v. Superior CourtCalifornia Court of Appeal · 1976

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

3Cited by5 opinions

  1. People v. ToomeyCalifornia Court of Appeal · 1984
  2. State v. KennedyNew Jersey Superior Court Appellate Division · 1991
  3. People v. SmithCalifornia Court of Appeal · 1984
  4. People v. SmithCalifornia Court of Appeal · 1984
  5. Perakis v. Superior CourtCalifornia Court of Appeal · 1979

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