Legal Opinion
In re Martinez
California Court of Appeal
Decided May 31, 2013No. A134400PublishedCited by 2 opinions
1Opinion of the Court
Opinion
RICHMAN, J.
Petitioner Andres Martinez, a prison inmate, ordered by mail a copy of The Silver Crown, a book by Mathilde Madden (2010). The book was confiscated by prison authorities before it was delivered to petitioner on grounds that it was contraband, specifically “erotica.” Through a series of administrative appeals the prison has clarified that it deems the book “obscene” and tending to incite violence, and therefore subject to rules governing contraband in prison.
We conclude first that the prison failed to abide by governing statutes and regulations in judging the book to be…
2Cases cited33 opinions
- Turner v. SafleySupreme Court of the United States · 1987
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Hamling v. United StatesSupreme Court of the United States · 1974
- Pell v. ProcunierSupreme Court of the United States · 1974
- Thornburgh v. AbbottSupreme Court of the United States · 1989
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3Cited by2 opinions
- In re Bean CA3California Court of Appeal · 2013
- In re Bean CA3California Court of Appeal · 2013