Lawson v. Kolender

658 F.2d 1362 Edward LAWSON, Plaintiff-Appellee, v. William KOLENDER, in his capacity as Chief of Police of San Diego, John Duffy, in his capacity as Sheriff of San Diego County, et al., Defendants-Appellants, and H. A. Porazzo, in his capacity as Deputy Chief Commander of the California Highway Patrol, Defendant-Appellant. Nos. 79-3629, 79-3633, 79-3641, and 79-3685. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 6, 1981. Decided Oct. 15, 1981. Robert H. Lynn, San Diego, Cal., Lucas Guttentag, Center for Law in the Public Interest, Los Angeles, Cal., for Lawson. A. Wells Peterson, John W. Wood, Deputy City Atty., Paul F. Sowa, Duffy, Larson, Sanchez & Moulton, San Diego, Cal., for Kolender. Appeal from the United States District Court for the Southern District of California. Before FERGUSON and BOOCHEVER, Circuit Judges, and REDDEN, * District Judge. BOOCHEVER, Circuit Judge. 1 This case involves the constitutionality of section 647(e) of the California Penal Code, 1 a vagrancy statute, and whether a pro se litigant has a right to jury trial in spite of his failure to file proposed jury instructions seven days in advance of trial as required by local…