In re Rhoades

Officials of the California Department of Corrections and Rehabilitation (the Department) challenged the trial court's order granting a petition for writ of habeas corpus filed by Gregory Rhoades, a Native American prisoner incarcerated at Calipatria State Prison (Calipatria). In granting Rhoades's petition, the trial court concluded that the prohibition on the use of straight tobacco during prisoners' Native American religious ceremonies violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and it ordered the California Department of Corrections to "formulate and implement policies permitting and reasonably regulating the possession and use of straight tobacco" during those ceremonies. The Court of Appeals concluded the trial court improperly granted relief in favor of Rhoades without holding an evidentiary hearing on disputed factual issues, and reversed and remanded matter with directions that the trial court hold an evidentiary hearing. View "In re Rhoades" on Justia Law