California Court of Appeal

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In re Robert Villa, D060817

A defendant's request for habeas relief challenging his validation as an associate of the Mexican Mafia prison gang and his placement in the prison's administrative segregation union is granted where: 1) defendant's validation as an associate of a prison gang is not supported by some evidence, and documents that are in the possession of an inmate who is providing legal assistance to another inmate under section 3163 cannot be used as a source item to validate the inmate as an associate of a prison gang; and 2) a confidential memorandum, which does not connect him with a specific validated gang member or associate, is insufficient to establish a direct link to a current for former validated member or associate of the gang as required by section 3378(c)(4).

Appellate Information

  • Decided 09/27/2012
  • Published 09/27/2012

Judges

  • Huffman

Court

  • California Court of Appeal

Counsel