Skip to content
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: 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: In re Zepeda
Case #: D047776
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/14/2006

A prisoner's petition for writ of habeas corpus was properly denied where the determination that he had possessed a weapon in a shared cell was supported by "some" evidence. During a search of the prisoner's cell, correctional officers found contraband razor blades. The petitioner denied knowledge of the items, and his cellmate admitted that the razor blades belonged to him. Nonetheless, an administrative hearing found that the petitioner had violated prison regulations and was subject to a loss of conduct credits. A trial court issued a writ of habeas corpus, but the appellate court reversed. …

View Full Summary