California Court of Appeal

Statutes proscribing battery of a custodial officer violate equal protection by permitting prosecutors to arbitrarily subject perpetrators of less egregious conduct to greater punishment than those committing less serious acts. A Kelly/Leahy hearing is mandated to determine admissibility of polygraph evidence.

Appellate Information

• Decided 07/25/2002
• Published 07/25/2002

Judges

Court

• California Court of Appeal

Counsel