Ochoa

Ochoa v. Superior Court

Good Law
132 Cal. Rptr. 3d 233·199 Cal. App. 4th 1274·2011 Cal. App. LEXIS 1290
Court of Appeal of CaliforniaOctober 13, 2011No. H036970California3,115 words

Opinion

Lead Opinion

Premo, J.

The Board of Parole Hearings (Board) found inmate Brice Glasgow suitable for parole, but Governor Arnold Schwarzenegger reversed the Board’s decision based, in part, on confidential information in Glasgow’s prison file from inmate informants. Glasgow then filed a petition for a writ of habeas corpus in the superior court challenging the Governor’s decision and naming prison warden Tim Ochoa (Warden) as respondent. In the proceeding, the superior court ordered the Warden to choose between producing unredacted copies of the confidential information to Glasgow or opposing Glasgow’s petition without relying on the confidential information. The Warden has filed a petition for a writ of mandate seeking immediate relief from this order. We issued a temporary stay of the superior court proceedings, requested opposition and reply, granted the Warden’s request to file the confidential information here under seal, and issued a Palma notice (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180 [ 203 Cal.Rptr. 626 , 681 P.2d 893 ]), advising the parties that this court was considering issuing a peremptory writ of mandate in the first instance. We received Glasgow’s…

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