FAUNCE v. CATE

No. D062130.

222 Cal.App.4th 166 (2013)

166 Cal. Rptr. 3d 61

DAVID W. FAUNCE, Plaintiff and Appellant, v. MATTHEW CATE et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

December 17, 2013.


Attorney(s) appearing for the Case

David W. Faunce, in pro. per., for Plaintiff and Appellant.

Kamala D. Harris , Attorney General, Jonathan L. Wolff , Assistant Attorney General, Thomas S. Patterson and Christopher H. Findley , Deputy Attorneys General, for Defendants and Respondents.


OPINION

McINTYRE, J.

Penal Code section 636 makes it a crime to eavesdrop on a prisoner's conversation with certain individuals in situations where the prisoner has a reasonable expectation of privacy. (Undesignated statutory references are to the Penal Code.) In this case, we conclude that David W. Faunce, a prisoner appearing in propria persona, failed to allege facts showing...

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