California Court of Appeal

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In re Rhoades, 070488

In the government's challenge to the trial court's grant of a petition for writ of habeas corpus relief, on grounds that the prison's prohibition on the use of straight tobacco during prisoners' Native American religious ceremonies violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. section 2000cc et seq., the grant is reversed and remanded where the trial court improperly granted relief without holding an evidentiary hearing on disputed factual issues.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/12

Judges

  • O'ROURKE

Court

  • California Court of Appeal

Counsel


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