California Court of Appeal

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In re Villa, D060817A

Petition for writ of habeas corpus challenging petitioner's validation as an associate of the Mexican Mafia prison gang and his placement in the administrative segregation union, is granted, because petitioner's validation as an associate of a prison gang is not supported by some evidence, where: 1) the first and second source items both satisfy Penal Code section 3378(c); 2) documents possessed by an inmate to assist him in preparing another inmate's legal documents cannot be used as source items under Penal Code section 3378(c) to validate the inmate as an associate of a prison gang, and thus the third source items does not qualify; and 3) although the confidential memorandum is a valid source item, it does not directly link petitioner to a person who is a validated member or associate of the Mexican Mafia, as required.

Appellate Information

  • Decided 03/20/2013
  • Published 03/20/2013

Judges

  • HUFFMAN

Court

  • California Court of Appeal

Counsel

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