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Legal Opinion

Baluyut v. Superior Court

California Supreme Court

Decided March 4, 1996No. S045419PublishedCited by 36 opinions

1Opinion of the Court

Opinion

BAXTER, J.

Petitioners below are defendants charged with violation of Penal Code section 647, subdivision (a) (section 647(a)), 1 in the Municipal Court for the Santa Clara Judicial District. They sought dismissal of the charges on the ground that the Mountain View police who arrested them engaged in a pattern of discriminatory arrest and prosecution of homosexuals under this statute, thereby denying them equal protection of the law. The municipal court judge found that defendants 2 had established all of the factors necessary to establish constitutionally impermissible discriminatory…

2Cases cited18 opinions

  1. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  2. Washington v. DavisSupreme Court of the United States · 1976
  3. Personnel Administrator of Mass. v. FeeneySupreme Court of the United States · 1979
  4. Oyler v. BolesSupreme Court of the United States · 1962
  5. Wayte v. United StatesSupreme Court of the United States · 1985

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3Cited by36 opinions

  1. Manduley v. Superior CourtCalifornia Supreme Court · 2002
  2. People v. EubanksCalifornia Supreme Court · 1996
  3. Coachella Valley Mosquito & Vector Control District v. California Public Employment Relations BoardCalifornia Supreme Court · 2005
  4. State of California, on Behalf of the California Department of Toxic Substances Control v. Neville Chemical Company, a CorporationCourt of Appeals for the Ninth Circuit · 2004
  5. People v. HagenCalifornia Supreme Court · 1998

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