People v. Pointer
From Wikipedia, the free encyclopedia
People v. Pointer, 151 Cal.App.3d 1128, 199 Cal. Rptr. 357 (1984), is a criminal law case from the California Court of Appeal, First District, is significant because the trial judge included in his sentencing a prohibition on the defendant becoming pregnant during her period of probation. The appellate court held that such a prohibition was outside the bounds of a judge's sentencing authority. The case was remanded for resentencing to undo the overly broad prohibition against conception.
People v. Pointer | |
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Court | California Court of Appeal |
Full case name | The People, Plaintiff and Respondent, v. Ruby Pointer, Defendant and Appellant. |
Decided | February 17, 1984 (1984-02-17) |
Citation(s) | 151 Cal.App.3d 1128; 199 Cal. Rptr. 357 |
Court membership | |
Judges sitting | John J. Miller, Jerome A. Smith, J. Anthony Kline |
Case opinions | |
Decision by | Kline |
Concurrence | Miller, Smith |
Keywords | |
The trial court's novel sentence, along with the deeply disturbing facts of the case and the appellate court's illustrative discussion of the constitutional and policy problems with pregnancy-related conditions to probation, has merited its inclusion in a widely used Criminal Law casebook for 1L law courses.[1] It is featured in two first-year Criminal Law courses at South Texas College of Law in Houston. The case has also been discussed or mentioned in nearly two dozen academic journal articles relating to court-imposed restrictions on conception or birth,[2] and cited or mentioned in at least sixty-six judicial legal opinions in California,[3] Kansas,[4] Ohio,[5] and Wisconsin.[6]