Prisons Archives

Categories: Earned Credit, Jails, Prisons

Summary

Defendant who agreed to be placed on an electronic monitoring program (EMP) in exchange for bail reduction was entitled to presentence custody credits under Penal Code section 2900.5. Defendant, who was awaiting trial, had insufficient funds to post his bail.…

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Name: In re Andres

Case #: D067039

Opinion Date: 02/23/2016

Categories: Extraordinary Remedies, Habeas Corpus (State), Jails, Prison Discipline, Prisons

Summary

Court properly granted inmate habeas relief to require CDCR to follow its own regulations and process his administrative ("602") appeal. Andres alleged that he was the victim of excessive force by correctional officers who shot him with a bean bag…

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Name: Nordstrom v. Ryan

Case #: 12-15738

Opinion Date: 08/11/2014

Categories: Communication/access, Jails, Misc, Prisons, Right to Counsel

Summary

Inmate's claim that prison officials read his confidential letter to his attorney raised a valid Sixth Amendment claim and civil rights action should not have been dismissed. Nordstrom, an inmate on death row in an Arizona prison, prepared a letter…

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Name: In re Manuel Alvarez

Case #: F063995

Opinion Date: 12/10/2013

Categories: Jails, Prison Discipline, Prisons, Transfers

Summary

Petitioner was properly transferred to SHU as a gang member where at least one of the source items used to prove gang affiliation showed gang activity within the past six years. Petitioner Alvarez was an inmate serving a determinate term…

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Name: In re Cabrera

Case #: F059511

Opinion Date: 06/11/2013

Categories: Jails, Prison Discipline, Prisons

Summary

Inmate's possession of two photocopied drawings, which contained the partial names of gang affiliates as the artists, does not provide "some evidence" that the inmate had an "association" with the artists that constituted a "direct link" as required by California…

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Name: People v. Loper

Case #: D062693

Opinion Date: 05/29/2013

Categories: Appealable Orders, Appeals, General Conditions/regs, Jails, Prisons

Summary

Court's order denying request to recall inmate's sentence under compassionate release provisions of Penal Code is not appealable as an order affecting the substantial rights of the party. Loper pled guilty in 2010 to Insurance Code violations and was sentenced…

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Name: In re Cabrera

Case #: S197283

Opinion Date: 10/29/2012

Categories: General Conditions/regs, Jails, Legislation, Prisons, Statutory Construction

Summary

Because California Code of Regulations, title 15, section 3378 (identification of inmates as prison-gang affiliates) is a quasi-legislative rule, courts will defer to the interpretation of the regulation by the California Department of Corrections and Rehabilitation (CDCR). Petitioner, serving a…

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Name: In re Sampson

Case #: A130582

Opinion Date: 07/28/2011

Categories: Earned Credit, Jails, Prisons

Summary

Penal Code section 2933.6, limiting credit for a validated prison gang member in segregated housing, does not violate the prohibition against ex post facto laws. Following his November 5, 2008, conviction for grand theft and imposition of a prison sentence,…

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Name: In re Jenkins

Case #: S175242

Opinion Date: 10/28/2010

Categories: Areas Constitutional Law, Due Process, Earned Credit, Equal Protection, Jails, Prisons

Summary

The prison inmate classification score which incorporates the inmates participation in a work, school, or vocational program as one of the relevant factors to be considered, is dependant on the inmates actual work performance and not merely his willingness to…

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Name: People v. Duff

Case #: S153917

Opinion Date: 08/19/2010

Categories: Double Punishment (PC 654), Earned Credit, Jails, Prisons, Sentencing

Summary

A defendant is subject to limitations on the earning of time credits when he is convicted of both violent felony or murder, even when the sentence for the violent felony or murder is stayed pursuant to Penal Code section 654.…

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