PEOPLE v. STANISTREET

No. S102722.

127 Cal.Rptr.2d 633 (2002)

29 Cal.4th 497

58 P.3d 465

The PEOPLE, Plaintiff and Respondent, v. Shaun STANISTREET, Defendant and Appellant. The People, Plaintiff and Respondent, v. Barbara Joyce Atkinson, Defendant and Appellant.

Supreme Court of California.

Certiorari Denied May 5, 2003.


Attorney(s) appearing for the Case

Superior Court, Ventura County; John J. Hunter*, Judge.

Andrew Wolf, Ventura, for Defendant and Appellant Shaun Stanistreet.

Steven Warner, Ventura, for Defendant and Appellant Barbara Joyce Atkinson.

ACLU Foundation of Southern California, Daniel P. Tokaji, Mark D. Rosenbaum, Los Angeles; ACLU Foundation of Northern California and Alan L. Schlosser, for Defendants and Appellants.

Douglas E. Mirell and Karen R. Thorland, Century City, for National Association for Citizen Oversight of Law Enforcement and Professor Samuel Walker as Amici Curiae on behalf of Defendants and Appellants.

Michael D. Bradbury, District Attorney, Michael D. Schwartz and Douglas H. Ridley, Deputy District Attorneys, for Plaintiff and Respondent.

Lewis, D'Amato, Brisbois & Bisgaard, Joseph Arias and Christopher D. Lockwood, San Bernardino, for City of San Bernardino as Amicus Curiae on behalf of Plaintiff and Respondent.

Rains, Lucia & Wilkinson and Alison Berry Wilkinson for Peace Officers' Research Association of California Legal Defense Fund as Amicus Curiae on behalf of Plaintiff and Respondent.

Jones & Mayer, Martin J. Mayer, Long Beach, and Michael R. Capizzi, Santa Ana, for California State Sheriffs Association, California Police Chiefs Association and California Peace Officer's Association as Amici Curiae on behalf of Plaintiff and Respondent.


Certiorari Denied May 5, 2003. See 123 S.Ct. 1944.

CHIN, J.

Penal Code 1 section 148.6 makes it a misdemeanor to file an allegation of misconduct against a peace officer knowing the allegation to be false. We must decide whether that section violates constitutional free speech rights. Relying primarily on R.A.V. v. St. Paul (1992) 505 U.S. 377, 112 S.Ct. 2538, 120 L.Ed.2d 305 (R.A.V.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases