Legal Opinion

In re Berry

California Supreme Court

Decided January 24, 1968No. Crim. No. 11117PublishedCited by 146 opinions

1Opinion of the CourtSullivan, J.

Petitioners are charged with criminal contempt, a misdemeanor, for willful disobedience of an order of the superior court. (Pen. Code, § 166, subd. 4.) Prior to the entry by them of a responsive pleading to the complaint (see Pen. Code, §§ 949, 1002, 1003, 1004, 1016) but subsequent to their release upon posting bail, they applied for a writ of habeas corpus in the superior court, alleging that they were being illegally restrained of their liberty because the order they are charged with disobeying is void and unenforceable in that it constitutes a violation of their constitutional rights. The…

2Cases cited36 opinions

  1. Connally v. General Construction Co.Supreme Court of the United States · 1926
  2. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  3. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  4. Sherbert v. VernerSupreme Court of the United States · 1963
  5. Thornhill v. AlabamaSupreme Court of the United States · 1940

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3Cited by146 opinions

  1. In Re ClarkCalifornia Supreme Court · 1993
  2. Tobe v. City of Santa AnaCalifornia Supreme Court · 1995
  3. Continental Baking Co. v. KatzCalifornia Supreme Court · 1968
  4. Sacramento Newspaper Guild, Local 92 v. Sacramento County Board of SupervisorsCalifornia Court of Appeal · 1968
  5. In Re CoxCalifornia Supreme Court · 1970

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