IN RE CABRERA

No. S197283.

55 Cal.4th 683 (2012)

148 Cal. Rptr. 3d 500

287 P.3d 72

In re ELVIN CABRERA on Habeas Corpus.

Supreme Court of California.

October 29, 2012.


Attorney(s) appearing for the Case

Elvin Cabrera, in pro. per.; Michael Satris , under appointment by the Supreme Court, and Melanie K. Dorian , under appointment by the Court of Appeal, for Petitioner Elvin Cabrera.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Donald E. DeNicola , Deputy State Solicitor General, Julie L. Garland and Jennifer A. Neill , Assistant Attorneys General, Anya M. Binsacca , Amy Daniel , Jessica N. Blonien and Henry J. Valle , Deputy Attorneys General, for Respondent Warden Kim Holland.


OPINION

BAXTER, J.

Prison regulations promulgated by California's Department of Corrections and Rehabilitation (CDCR) set forth the procedures and substantive requirements for validating an inmate as a member or associate of a prison gang. Because gangs "present a serious threat to the safety and security of California prisons" (Cal. Code Regs., tit. 15, § 3023, subd. (b)), validation of an inmate as a gang member or associate...

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