In re Martinez

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 obscene. And we go on to find that the book is not obscene applying the correct definition, and further that it is not likely to incite violence. We therefore grant the writ and order the warden to give the book to petitioner.

FACTUAL AND PROCEDURAL BACKGROUND

Petitioner’s criminal history

In 1990 to 1992, petitioner was convicted of multiple crimes, including firearm assault, attempted second degree robbery, and attempted murder. (Pen. Code, §§ 187, 211, 245, subd. (a)(2), 664.) He is currently an inmate in the custody of California’s Department of Corrections and Rehabilitation (CDCR) and is housed…