California Court of Appeal

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County of Butte v. Superior Court of Butte County, C057152

Petition for writ of mandate to overrule a trial court ruling regarding rights related to possession of medical marijuana is denied where the Constitution and laws of the state provide real party in interest Williams relief at law to bring a civil action based on a violation of his constitutional rights, and seek an adjudication as to whether the deputy had probable cause to order Williams to destroy his property or whether a lack of probable cause led to a violation of his constitutional rights.

Appellate Information

  • Decided 07/01/2009
  • Published 07/01/2009

Judges

  • RAYE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Bruce S. Alpert, County Counsel, and Brad J. Stephens, Deputy County Counsel, for Petitioners., Jones & Mayer, Martin J. Mayer and Krista MacNevin Jee, Fullerton, for California State Sheriffs' Association, California Police Chiefs' Association and California Police Officers' Association as Amici Curiae on behalf of Petitioners., Joseph D. Elford, for Real Party in Interest.

  • For Appellees:
  • No appearance for Respondent.
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