Which Louisiana based course case was cited as evidence in Peloza v. Capistrano School District?
Peloza v. Capistrano School District Peloza v. Capistrano Unified School District, 37 F.3d 517 (9th Cir. 1994), was a 1994 court case heard by United States Court of Appeals for the Ninth Circuit in which a creationist schoolteacher, John E. Peloza claimed that Establishment clause of the United States Constitution along with his own right to free speech was violated by the requirement to teach the "religion" of "evolutionism". The court found against Peloza, finding that evolution was science not religion and that the Capistrano Unified School District school board were right to restrict his teaching of creationism in light of the 1987 Supreme Court decision "Edwards v. Aguillard". One of the three appeals judges, Poole, partially dissented from the majority's free speech and due process opinions. It was one in a long line court cases involving the teaching of creationism which have found against creationists. Peloza appealed to the Supreme Court, which declined to hear the case.
People v. Newton People v. Newton, 8 Cal. App. 3d 359 (Ct. App. 1970), was a controversial appeal arising from the voluntary manslaughter conviction of Huey P. Newton, the reputed co-founder of the Black Panther Party for Self Defense. The California Court of Appeal reversed Newton’s conviction due to prejudicial error stemming from the trial court’s failure to instruct the jury as to the possibility of involuntary unconsciousness as a complete defense to the charges. Though Newton’s attorney arguably withdrew the defense at trial, the Court nonetheless held that the failure to instruct violated Newton’s constitutional right to have the jury determine all material issues based on the evidence. This case stands for the proposition that trial courts have an affirmative duty to instruct juries as to a defense of involuntary unconsciousness where there exists evidence that may support that conclusion.