Swarthout
Swarthout v. Superior Court
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…