California Court of Appeal

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In re Martinez, A134400

Petition for writ of habeas corpus to require the Warden to give petitioner the book The Silver Crown, that he ordered, which was confiscated by prison authorities before it was delivered to petitioner on grounds that it was contraband, is granted, where: 1) the prison failed to abide by governing statutes and regulations in judging the book to be obscene; 2) applying the correct definition, the book is not obscene; 3) the book is not likely to incite violence; and 4) the confiscation of the book for violent content was an arbitrary and capricious application of the applicable regulation, given the presence of more violent books in the prison's own library.

Appellate Information

  • Decided 05/31/2013
  • Published 05/31/2013

Judges

  • RICHMAN

Court

  • California Court of Appeal

Counsel