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HOLT v. KELLY

Docket No. S.F. 23382.

20 Cal.3d 560 (1978)

574 P.2d 441

143 Cal. Rptr. 625

LEWIS LYNN HOLT, Petitioner, v. TOM L. KELLY, as Sheriff, etc., Respondent.

Supreme Court of California.

February 6, 1978.

Attorney(s) appearing for the Case

COUNSEL

John F. Moulds III, under appointment by the Supreme Court, and Isenberg, Moulds, Samuel & Rodda for Petitioner.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, James H. Wernicke, Eddie T. Keller and Carole Bartlett Hogan, Deputy Attorneys General, for Respondent.

OPINION

MOSK, J.

Petitioner Lewis Lynn Holt seeks the return of 32 items of property, or the value of such property, taken by respondent Trinity County Sheriff at the time of petitioner's arrest in January 1974.1 In November 1974 he filed a petition for writ of mandate in the superior court, but a demurrer to the petition was sustained. Subsequently petitioner...

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