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June 09, 2004

Cal. Supremes To Decide Whether Oral Cop is Different. Today, the Court granted review of the Sixth Appellate District's decision in People v. Hofsheier, no. H026217 (Cal.Ct.App. (6th Dist.), Apr. 1, 2004), holding that imposing a sex offender registration requirement for consensual oral copulation with a minor but not for sexual intercourse with a minor violates equal protection. (This case involved a 22-year-old defendant and 16-year-old minor.) Read my original post on Hofsheier here. This is not much of a surprise. Just two weeks ago, the Third Appellate District rejected the same equal protection claim in People v. Alcala.  Read my post on Alcala here.

Paul Couenhoven of the Sixth District Appellate Program represented Hofsheier in the Court of Appeal; Deputy A.G. John H. Deist represented the state. View the docket in People v. Hofsheier, no. S124636, here.

Update: The Court, today, also granted review in In re Martin M., no. S123963 (6th Dist. no. H025631), deferring briefing pending a decision in Hofsheier.

Posted by Jonathan Soglin at 07:00 PM in Equal Protection, Review/Cert Grants, Sex Offender Registration | Permalink

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