In re Rigsby
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After prison officials found Rigsby guilty of possessing contraband, they imposed disciplinary actions which resulted in a 30-day loss of inmate privileges and early release credits. The superior court granted Rigsby habeas corpus relief and the Warden appealed.
The Court of Appeal reversed the order granting habeas relief and held that the superior court's analysis conflicted with In re Zepeda (2006) 141 Cal.App.4th 1493, 1498. In this case, Rigsby and another inmate jointly occupied a prison cell that was six feet by eleven feet in size; during a search of the cell, prison officials discovered a prohibited item located in a common area accessible to both men; and these facts were not materially distinguishable from those in Zepeda and thus permit an inference that Rigsby was in possession of the contraband.
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