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California Prison Gang Information Ruled Confidential
Arturo Losoya and Robert Aguirre, California state prisoners, sought discovery in their state court criminal trials of investigatory security files on gang activity. The trial court ordered prison officials to produce the information, and the Department of Corrections (DOC) appealed.
On appeal: the Court of Appeal of California, 1st Appellate District, Division 2, found that Cal. Evid. Code § 1040 and Cal. Gov't. Code § 6254(f) both provided privileges under which the DOC could refuse to disclose the files at issue. Therefore, the Court issued a peremptory writ prohibiting the trial court from requiring the DOC to disclose them. See: Procunier v. Superior Court of Monterey County, 35 Cal.App. 3d 207; 110 Cal.Rptr. 529 (1973).
On appeal: the Court of Appeal of California, 1st Appellate District, Division 2, found that Cal. Evid. Code § 1040 and Cal. Gov't. Code § 6254(f) both provided privileges under which the DOC could refuse to disclose the files at issue. Therefore, the Court issued a peremptory writ prohibiting the trial court from requiring the DOC to disclose them. See: Procunier v. Superior Court of Monterey County, 35 Cal.App. 3d 207; 110 Cal.Rptr. 529 (1973).
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Related legal case
Procunier v. Superior Court of Monterey County
| Year | 1973 |
|---|---|
| Cite | 35 Cal.App. 3d 207; 110 Cal.Rptr. 529 (1973) |
| Level | State Court of Appeals |
| Injunction Status | N/A |