Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Zal v. Steppe

filed: July 31, 1992.

CYRUS ZAL, PETITIONER-APPELLANT,
v.
CECIL STEPPE, WARDEN; ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, RESPONDENTS-APPELLEES.



Appeal from the United States District Court for the Southern District of California. D.C. No. CV-91-0473-GT. Gordon Thompson, Jr., Chief Judge, Presiding. {Counsel}{Q}Counsel{/Q}{/Counsel}

Stephen E. Hurst, The Rutherford Institute of California; Cyrus Zal, Encinitas, California, Pro per, for the petitioner-appellant.

David Florance, Deputy County Counsel, San Diego, California, for the respondents-appellees.

Before: Jerome Farris, John T. Noonan, Jr., and Stephen S. Trott, Circuit Judges. Opinion by Judge Farris; Concurrence by Judge Trott; Dissent by Judge Noonan.

Author: Farris

Order AND AMENDED OPINION

FARRIS, Circuit Judge:

Cyrus Zal, an attorney, appeals the district court's denial of his habeas corpus petition, which challenged his state court contempt citations for violating the trial court's evidentiary orders. Zal argues that the citations are void because the orders violated his First Amendment rights, his clients' Sixth and Fourteenth Amendment rights, and the Fifth and Fourteenth Amendment rights of the unborn. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 (1988) and 2253 (1988). We affirm.

FACTS

Zal represented seven abortion protestors who were charged with criminal trespass. During in limine proceedings, the trial court excluded the defenses of: (1) necessity; (2) defense of others; (3) compliance with international law, treaties, or declarations; and (4) mistake of fact. The Judge also ordered him not to use the following words, which were linked to the excluded defenses:

kill bloodletting

killer killing

baby killer(s) killing centers

murder(er) fetus

deathscort abortuary

holocaust rights of the unborn

abortion rescuer

death mill Hitler

unborn slaughter

Nazi(ism) childslaughter

manslaughter destroy

slay(ing) extermination

destruction martyrdom

sacrifice homicide

execution fratricide

genocide parricide

sororicide aborticide

infanticide butcher(y)

feticide carnage

monster bloodbath

massacre mass destruction

decimation assassin

Cain thug

cutthroat eradication

gorilla monstrosity

Although the record does not contain the trial court's orders, which apparently were made orally, Zal has provided a list and counsel for California has not disputed any word on the list, either in their brief or at oral argument. We assume that the list is accurate.

Despite the court's evidentiary orders and repeated warnings, Zal asked witnesses the following questions:

Is that the place where they empty the contents of a woman's uterus?

Are you familiar with those facilities where two persons go in and only one person comes out alive?

Can't we ask anything about this baby-killing, Your Honor?

What time do the first victims arrive?

How do you feel about making a living off the blood of babies?

Are your paychecks bloodstained?

Is the unborn baby a life you have sworn to protect?

Did you feel any obligation to protect the children who would ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.