In Re Muszalski

Good Law
125 Cal. Rptr. 286·1975 Cal. App. LEXIS 1481·52 Cal. App. 3d 500
Court of Appeal of CaliforniaOctober 27, 1975Crim. 7329California2,702 words

Opinion

Opinion

Kaufman, J.

Convicted apparently of the murder of his wife and the attempted murder of a member of his wife’s family, Alexander J. Muszalski is an inmate at the California Rehabilitation Center in Corona. He petitions this court for a writ of habeas corpus to require the Department of Corrections (hereinafter “Department”) to permit him and his attorney to inspect all documents in his file as maintained by Department. Muszalski seeks to inspect these records in preparation for' a parole consideration hearing before the Adult Authority.

Muszalski was given an opportunity to inspect his file on October 4, 1974, at the California Rehabilitation Center in the presence of Lindsey Doyle, a correctional counsellor. 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.

On October 28, 1974, Muszalski filed a petition for a writ of habeas corpus in Riverside Superior Court seeking to inspect all of the documents classified as confidential by Department. An evidentiary…

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