In Re Estrada

Respondent Donato Estrada was found guilty of a prison rules violation (Cal. Code Regs., tit. 15, § 3005, subd. (c)) for conspiring to commit battery on an inmate named Gaspar, based solely on information supplied by confidential informants. After exhausting his administrative remedies, he petitioned the superior court for a writ of habeas corpus challenging the use of confidential information in his disciplinary hearing. The court issued an order to show cause and eventually granted the petition, directing that the disciplinary finding be set aside and ordering the restoration of sentencing credits, if any. The People appeal from the order granting the writ petition (Pen. Code, § 1506), contending that the use of the confidential information was entirely proper and respondent was not denied due process. We conclude that respondent had adequate notice of the charges to prepare a defense, and we reverse the trial court’s order.

Factual and Procedural Background

On April 28, 1993, a rules violation report (CDC Form 115) charged respondent with conspiracy to commit battery upon an inmate. That report alleged that on April 11, 1993, while inmate Gaspar was lifting weights…