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Convicted of public intoxication, Thomas Kellogg fought back with the novel argument that the law violates his constitutional rights because he's a homeless, chronic alcoholic who cannot avoid being drunk in public. A sympathetic appeal court ruled against him 2-1 Thursday, but not before the lone dissenter, Justice Alex McDonald, pointed to issues and case law that could give Kellogg plenty of grist to mount an appeal to the California Supreme Court.
June 18, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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