In Re Van Geldern

Opinion

PETERS, J.

Petitioners Nathan E. Eli, an inmate at San Quentin Prison under sentence of death, and John van Geldern, an inmate at Folsom State Prison, seek habeas corpus to challenge a Department of Corrections rule requiring inmate-authors to relinquish a portion of their profits and royalties from published writings.

That rule, Director of the Department of Corrections rule 2505, provides: “To defray handling costs, a percentage established by the Director will be deducted from the payment received for each manuscript and deposited in the Inmate Welfare Fund. The percentage will be the…