In Re Muszalski

The People appeal from an order of the superior court granting in part Alexander J. Muszalski’s petition for a writ of habeas corpus. (See Pen. Code, §§ 1506, 1507.)

Convicted apparently of the murder of his wife and the attempted murder of a member of his wife’s family, Muszalski is an inmate at the California Rehabilitation Center, Corona. In September 1974 he sought to inspect all documents in his file as maintained by the Department of Corrections (hereinafter “Department”). The purpose of the requested inspection was to prepare for Muszalski’s parole consideration hearing before the Adult Authority scheduled for January 1975. Muszalski was given an opportunity to review his file on October 4, 1974, at the California Rehabilitation Center in the presence of Lindsey Doyle, a correctional counselor.

Prior to granting Muszalski permission to inspect his file, Department, through Mr. Doyle, classified a number of documents as confidential, removed these documents to the confidential case records section of the file and refused to permit Muszalski to inspect these documents. Among the documents classified by Department as confidential was a probation report dated January…