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Deference Should Be Given To Prison Authorities.

November 23, 2012 by Leave a Comment

A finding that an inmate in state prison is a gang member or associate can result in the inmate’s placement in a security housing unit under Cal. Code Regs., tit. 15, § 3023, subd. (b). In this case, the inmate had several photocopied drawings containing symbols assertedly distinctive to the Mexican Mafia, and one of the drawings is signed by a validated associate of the Mexican Mafia gang. The Court of Appeal granted relief to the inmate, and the California Supreme Court reversed, finding the Court of Appeal erred when it did not grant the proper amount of deference to the California Department of Corrections and Rehabilitation. In re Elvin Cabrera on Habeas Corpus  (Cal. Sup. Ct.; October 29, 2012) (Case No.: S197283) 55 Cal.4th 683, [287 P.3d 72; 148 Cal.Rptr.3d 500].

Filed Under: California Supreme Court Law News, Criminal Law News, Legal News

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The Mellor Law Firm, APLC
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