California Court of Appeal

Defendant's petition for habeas relief claiming that the evidence used to validate him and place him in the security housing unit for an indeterminate term was false, unreliable and insufficient, is denied where: 1) "some evidence" necessary to support defendant's validation is present in the record; and 2) the regulation meets the four-pronged Turner test as defendant's validation, which was based in part on his possession of a book, newspaper article, pictures, and CD, did not violate his First Amendment rights.

Appellate Information

• Decided 06/11/2010
• Published 06/11/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edward T. Furnace, in propria persona; and Melanie K. Dorian, under appointment by the Court of Appeal, for Petitioner.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Julie L. Garland, Assistant Attorney General, Anya M. Binsacca, Krista L. Pollard and Brian Kinney, Deputy Attorneys General, for Respondent.