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IN RE PODESTO

Docket No. Crim. 18616.

15 Cal.3d 921 (1976)

544 P.2d 1297

127 Cal. Rptr. 97

In re ALAN EUGENE PODESTO on Habeas Corpus.

Supreme Court of California. In Bank.

January 27, 1976.

Attorney(s) appearing for the Case

COUNSEL

Donald C. Smaltz and Michael D. Scott for Petitioner.

Roger S. Hanson, J. Perry Langford and Stephen J. Perrello as Amici Curiae on behalf of Petitioner.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Robert D. Marshall and Vincent J. Scally, Jr., Deputy Attorneys General, for Respondent.

OPINION

TOBRINER, J.

In this case we must determine the criteria that trial and appellate courts in this state may properly consider in passing upon applications by convicted felons for release pending appeal of their convictions.1 Petitioner, relying on several distinct state and federal constitutional theories, contends that, except in capital cases, all such...

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