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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…

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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…

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Name: In re Victor F.
Case #: A094073
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 12/07/2001
Subsequent History: Review granted 3/20/02. Depublished.

The juvenile court’s referred the minor for an INS referral following a jurisdictional hearing but before a dispositional hearing, and the minor was deported before the scheduled dispositional hearing. The referral was not a "disposition" and thus did not violate Welfare and Institutions Code section 202. It was more in the nature of an interlocutory order. Aliens who have entered this country illegally are subject to deportation even if they have led completely blameless…

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