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California Court of Appeal


People v. Wilmshurst, C050103

Conviction of unlawfully possessing a machine gun and illegal assault weapons is affirmed over clams that: 1) the search warrant used to seize firearms from defendant, and the use of statements he made during the search, violated his privilege against self-incrimination; 2) the warrant was overbroad; 3) federal law preempts the state firearms control laws; 4) he was denied a fair hearing; and 5) the jury was improperly instructed.

Appellate Information

  • Decided 01/08/2007
  • Published 01/08/2007

Judges

  • DAVIS, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Thomas M. Marovich, Sonora, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, J. Robert Gibson and Janine R. Busch, Deputy Attorneys General, for Plaintiff and Respondent.
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