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Legal Opinion

Helmer v. Miller

California Court of Appeal

Decided October 14, 1993No. D017661PublishedCited by 8 opinions

1Opinion of the Court

Opinion

BENKE, Acting P. J.

Donald J. Helmer sought a declaration that Penal Code 1 section 12021, subdivision (a) (felon in possession of a firearm), was unconstitutional. The trial court sustained without leave to amend the demurrer of defendants Edwin L. Miller, District Attorney of San Diego County, and Daniel E. Lungren, Attorney General of the State of California (collectively defendants). Judgment was entered on the order sustaining the demurrer. Helmer appeals, we affirm.

Background

Appellant Donald J. Helmer filed a complaint for declaratory relief, asking the trial court to determine…

2Cases cited4 opinions

  1. Wisconsin Public Intervenor v. MortierSupreme Court of the United States · 1991
  2. People v. MillsCalifornia Court of Appeal · 1992
  3. Oefinger v. ZimmermanDistrict Court, W.D. Pennsylvania · 1984
  4. Arroyo v. Regents of University of CaliforniaCalifornia Court of Appeal · 1975

3Cited by8 opinions

  1. In Re EvansCalifornia Court of Appeal · 1996
  2. People v. MesceCalifornia Court of Appeal · 1997
  3. People v. WilliamsCalifornia Court of Appeal · 1996
  4. Brown v. Handgun Permit Review BoardCourt of Special Appeals of Maryland · 2009
  5. Opinion No. (1999), California Attorney General Reports1999

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