California Supreme Court

In Re Elvin Cabrera on Habeas Corpus

October 29, 201255 Cal. 4th 683

Summary

The court held that the Court of Appeal failed to defer appropriately to the CDCR’s interpretation of its own prison-gang validation regulation. The regulation did not plainly require reciprocal or mutual interaction to establish a direct link through the Association category, and the CDCR’s interpretation was not clearly unreasonable. The court reversed the grant of habeas corpus relief and remanded for the Court of Appeal to address the remaining issues in the first instance.