In re: Lambirth
Annotate this CaseLambirth is serving a life term at the Soledad Correctional Training Facility. He claims that he learned during his 2013 pre-annual interview that he was subject to a “child visiting restriction.” He complained to his counselor, Miley, that it was unwarranted. Miley promised to investigate and to remove the restriction if it was without basis. He raised the issue again at his 2014 review; the classification committee assured him that Miley would investigate and take appropriate action. Lambirth sent Miley a follow-up note, asking for a copy of the action removing the restriction. Lambirth received from Miley “a single-page copy” of the classification chrono from his 2009 program review, which noted his “sex offense history” and, under “Sex Offenses,” referred to “Sexual Perversion.” It stated that Lambirth acknowledged his understanding [of] and agreement with [the] committee’s actions.” Lambirth denied every being charged with any sexual crime against a child. The Department of Corrections and Rehabilitation (CDCR) cancelled his administrative appeal, which was timely submitted but was received after expiration of the 30-day period, and declined to consider it on the merits. The court of appeal granted habeas relief and directed the Department to consider the appeal on the merits.
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