March, 2003
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CRIMINAL LAW
People v. Wallace
S113321 (A092782) 105 Cal.App.4th 250
Petition for review after reversal of judgment. Question presented: Following a Penal Code §1385 motion to strike a prior Three Strikes law conviction, did the sentencing court abuse its discretion in electing to consider the sufficiency of the evidence supporting that prior conviction? 3/26/03

CRIMINAL LAW
People v. McCall
S113433 (C038946) 104 Cal.App.4th 1365
Petition for review after affirmance in part and reversal in part of judgment. Question presented: Does Health & Safety Code §11383(f) create an unconstitutional mandatory presumption by specifying that possession of red phosporous and iodine establishes possession of hydriodic acid? 3/26/03

GOVERNMENT/CONSTITUTIONAL LAW
EMPLOYMENT LAW
Campbell v. Regents of the University of California
S113275 (A097560) Unpublished
Petition for review after affirmance of judgment. Question presented: Does a whistle blowing public sector employee have a right to sue for judicial relief without having first exhausted administrative remedies? 3/19/03

CRIMINAL LAW
People v. Majors
S1130861 (D037968) Unpublished
Petition for review after affirmance in part and reversal in part of judgment. Question presented: Was evidence that a victim entered the defendant's car under threat of arrest sufficient to satisfy the "force or fear" element of kidnapping (Penal Code §207)? 3/19/03

GOVERNMENT/CONSTITUTIONAL LAW
Evans v. City of Berkeley
S112621 (A097187) 104 Cal.App.4th 1
Petition for review after affirmance of judgment. Question presented: Did the City of Berkeley violate a non profit organization's rights when it terminated a subsidy allowing free use of public facilities on the grounds that the organization had refused to comply with an anti-discrimination policy resolution enacted by the City? 3/7/03