Swarthout

Swarthout v. Superior Court

Good Law
145 Cal. Rptr. 3d 760·2012 Cal. App. LEXIS 889·208 Cal. App. 4th 701·2012 WL 3525582
Court of Appeal of CaliforniaAugust 16, 2012No. B241132California3,259 words

Opinion

Lead Opinion

Croskey, J.

Petitioner Gary Swarthout, warden of California State Prison, Solano, challenges, by petition for writ of mandate, the order of the Los Angeles Superior Court requiring him to temporarily transfer inmate J.T. to the Los Angeles County Men’s Central Jail for investigative purposes. As the trial court lacked authority to issue the transfer order, we grant the petition.

*704 FACTUAL AND PROCEDURAL BACKGROUND

J.T. was convicted of second degree murder and first degree burglary in 1987, and sentenced to prison for a term of 19 years to life. He is currently housed at California State Prison, Solano, where Swarthout is the warden.

On April 19, 2012, the Culver City Police Department sought an order for the temporary transfer of J.T. to the Los Angeles County Men’s Central Jail (L.A. Jail) for investigative purposes. The request for the order was made by means of an affidavit filed under seal. 1 The affidavit sought the temporary transfer of J.T. in connection with the Culver City Police Department’s investigation of another crime, an investigation which purportedly could not take place without the transfer of J.T. The Los Angeles Superior Court, which had no proceeding…

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