California v. Austin

Richard Austin appealed a trial court order finding him in violation of a special condition of parole (condition 25) restricting him from contacting the "crime victim(s)," specified as "Lisa [H.] or Brent [M.]" According to Austin, a later order in the case made clear that the "crime victim" in that case was Brent, not Lisa. Austin claimed this order had a preclusive effect as to the meaning of parole condition 25, or at a minimum that condition 25 was unconstitutionally vague and overbroad. Austin did not contend a properly worded no-contact condition restricting contact with Lisa would be invalid. Rather, he argued the condition was vague as written, particularly in light of the finding in the underlying case that Lisa was never a protected party. The Court of Appeal concurred with Austin's argument with respect to the parole condition, reversed and remanded for further proceedings at the trial court to determined whether to modify the special condition. View "California v. Austin" on Justia Law