Legal Opinion
Frank J. Tomasino v. People of the State of California
Court of Appeals for the Ninth Circuit
Decided December 16, 1971No. 71-1076PublishedCited by 3 opinions
1Per curiam
While awaiting trial in state court, Tomasino filed a petition in the United States District Court for removal of his criminal prosecution to the federal court pursuant to 28 U.S.C. § 1443(1). He claimed that the statute under which he was being prosecuted (Cal.Veh.Code § 23101) was violative of the equal protection clause because punishment for any particular act could vary from that for a felony (a prison term) to that for a misdemeanor (a jail term plus a fine), depending upon the “whim or caprice” of the court.
The State was ordered to respond, and, upon doing so, moved to remand the case…
2Cases cited7 opinions
- City of Greenwood v. PeacockSupreme Court of the United States · 1966
- William David Potter v. Tom McCall Governor of the State of OregonCourt of Appeals for the Ninth Circuit · 1970
- Burton v. American National Bank & Trust Co.Supreme Court of the United States · 1971
- The People of the State of California v. Ronald Pobuta, Ellsworth Swait and William Monroe Vick, Appeal of William Monroe VickCourt of Appeals for the Ninth Circuit · 1971
- Gerard P. Schneider v. The People of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1970
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3Cited by3 opinions
- Charles Edward Davis v. Superior Court of the State of California, Etc.Court of Appeals for the Ninth Circuit · 1972
- Frank J. Tomasino v. People of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1971
- James G. Johnson and Barbara A. Johnson v. The People of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1973