Skip to content
Name: People v. Raygoza
Case #: B262978
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 08/16/2016

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. In exchange for a reduction in bail, defendant agreed to be placed on home confinement on an EMP. After his plea of no contest to a charge of false imprisonment, defendant requested that he receive credit for his time in home detention (Pen. Code, § 2900.5), claiming his detention mirrored the detention described in Penal Code section 1203.018, which…

View Full Summary
Name: In re Andres
Case #: D067039
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/23/2016

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 gun and struck him with a baton while he was lying prone on the floor. He claimed he prepared an administrative appeal five days later to redress his grievance and sent it to the prison appeals coordinator via institutional mail. Andres did not receive a response so he filed a habeas petition. The court granted relief, ordering the warden to…

View Full Summary
Name: Nordstrom v. Ryan
Case #: 12-15738
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/11/2014

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 to send to his attorney, which was marked "legal mail." When he gave the mail to a prison guard for processing, the guard opened and read it. Nordstrom objected, and the guard told him he was authorized to read outgoing mail. The Department of Corrections rejected Nordstrom's complaint, and the district court dismissed his civil rights action…

View Full Summary
Name: In re Manuel Alvarez
Case #: F063995
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/10/2013

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 in CDCR when he was validated as a member of a prison gang and housed in the SHU. In this habeas petition, he argued that CDCR violated regulatory provisions when it validated him as a currently active associate of a prison gang because one of the three source items used was more than six years old. Petitioner argued that…

View Full Summary
Name: In re Cabrera
Case #: F059511
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 06/11/2013

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 Code of Regulations, title 15, section 3378. Following an assault on prison staff in the yard of a prison facility, every Hispanic inmate assigned to the yard was scrutinized by a gang investigator and petitioner's personal property, including his collection of artwork, was inspected. (Petitioner was in his cell at the time of the assault.) The collection included photocopies of…

View Full Summary
Name: People v. Loper
Case #: D062693
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/29/2013
Subsequent History: Review granted 9/11/2013: S211840

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 to six years in prison. In May 2012, medical personnel at the prison where Loper was incarcerated issued an internal request that a compassionate release request be made under Penal Code section 1170, subdivision (e) because Loper was in poor health with a short life expectancy, possibly less than six months. After a diagnostic study was performed, the under secretary…

View Full Summary
Name: In re Cabrera
Case #: S197283
Court: CA Supreme Court
District CalSup
Opinion Date: 10/29/2012

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 life prison term, was validated by CDCR as an associate of the Mexican Mafia prison gang under section 3378. The classification was based on the discovery of photocopies of several drawings distinctive to the gang that were found in his cell, some of which were signed by validated affiliates of the gang. Petitioner filed a habeas petition in the…

View Full Summary
Name: In re Sampson
Case #: A130582
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 07/28/2011

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, petitioner was placed in the prison segregated housing (SHU) because he was a validated prison gang member. On January 22, 2010, prison officials informed inmates that effective January 25, 2010, Penal Code section 2933.6, subdivision (a) made validated gang members ineligible to earn conduct credits as long as they were in the SHU. The appellate court found that there…

View Full Summary
Name: In re Jenkins
Case #: S175242
Court: CA Supreme Court
District CalSup
Opinion Date: 10/28/2010

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 work. In this habeas petition, petitioner argued that the Department of Corrections and Rehabilitation [the department] erred by denying him points in its classification procedure when he was willing to work but, through no fault of his own, was not assigned to a work program. Preliminarily, the Court found the appeal was timely. Where an order being appealed is…

View Full Summary
Name: People v. Duff
Case #: S153917
Court: CA Supreme Court
District CalSup
Opinion Date: 08/19/2010

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. In this case and a companion case In re Pope (S160930), the Supreme Court considered the interplay between Penal Code section 654 and both Penal Code sections 2933.1, subdivision (a) and 2933.2, subdivision (a) (time credit limitation statutes). Section 2933.1, subdivision (a) limits the earning of conduct credits to 15% for the defendant convicted of certain qualifying violent felonies.…

View Full Summary