CHAKER v. CROGAN

No. 03-56885.

428 F.3d 1215 (2005)

Darren David CHAKER, Petitioner-Appellant, v. Alan CROGAN; San Diego Probation Department; People of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 3, 2005.


Attorney(s) appearing for the Case

Walter K. Pyle, Berkeley, CA, for the petitioner-appellant.

Kelly M. Rand, Deputy District Attorney, San Diego, CA, for the respondents-appellees.

Mark D. Rosenbaum (argued), Alan L. Schlosser, Los Angeles, CA, and Daniel P. Tokaji (briefed), Columbus, OH, for ACLU of San Diego and Imperial Counties, ACLU of Southern California and ACLU of Northern California.

Everett L. Bobbitt (briefed), Bobbitt & Pinckard, San Diego, CA, for El Cajon Police Officers Assn., San Diego County Deputy Sheriff's Assoc. and San Diego Police Officers Assn.

Michael D. Schwartz (briefed), Ventura, CA, for California District Attorney's Assoc.

Christopher D. Lockwood (argued), Joseph Arias (briefed), Arias, Lockwood & Gray, San Bernardino, CA, for City of San Bernardino.

Alison Berry Wilkinson (briefed), Rains, Lucia & Wilkinson, Pleasant Valley, CA, for Peace Officers Research Assoc. of California Legal Defense Fund.

Kent S. Scheidegger (briefed), Sacramento, CA, for Criminal Justice Legal Foundation.

Michael R. Capizzi (argued), Krista McNevin Jee (briefed), Fullerton, CA, for California State Sheriff's Assn., California Police Chief's Assn. and California Peace Officers Assn.

Before: HUG, PREGERSON, and BERZON, Circuit Judges.


PREGERSON, Circuit Judge:

Darren David Chaker appeals the district court's denial of his habeas corpus petition brought under 28 U.S.C. § 2254. Chaker was convicted by a jury for filing a knowingly false complaint of peace officer misconduct in violation of California Penal Code section 148.6(a)(1). In his habeas corpus petition, Chaker alleges that California Penal Code section 148.6 violates the First Amendment. We have jurisdiction pursuant to 28 U.S.C. &...

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