California Court of Appeal

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IN RE HOWARD N., F043006

Welfare and Institutions Code section 1800, extending child molester's term of commitment, violates due process because it does not require a jury to determine whether the offender's mental illness or abnormality causes him to have difficulty controlling his behavior and whether this loss of control results in a serious and well-founded risk of reoffense.

Appellate Information

  • Decided 02/19/2004
  • Published 02/19/2004

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Francia M. Welker, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Lloyd G. Carter and Kathleen A. McKenna, Deputy Attorneys General, for Plaintiff and Respondent.
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