Prison officials may not withhold erotic romance novel about werewolves from prisoner due to obscenity because it did not lack serious literary value.
Cite as
2013 DJDAR 7855Published
Jun. 18, 2013Filing Date
Jun. 17, 2013In re ANDRES MARTINEZ,
on Habeas Corpus.
No. A134400
(Del Norte County
Super. Ct. No. HCPB11-5224)
California Courts of Appeal
First Appellate District
Division Two
Filed June 18, 2013
ORDER MODIFYING OPINION
[NO CHANGE IN JUDGMENT]
BY THE COURT:
The opinion filed herein on May 31, 2013, is modified as follows.
On page 22, in the second sentence of the first full paragraph which reads, ?As noted, as one of the exhibits to his traverse, petitioner submitted the declaration of Peter Orner, a creative writing instructor at San Francisco State University who has also taught at other institutions, written books, and received various literary awards for his work,? the word ?instructor? should be changed to ?professor.?
This modification does not effect a change in the judgment.
Dated:
P.J.
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