California Court of Appeal

Commitment to the Department of Developmental Services for one year, after bench trial found that defendant is a mentally retarded person who is a danger to himself and others, is reversed where: 1) the trial court failed to advise defendant of his right to a jury trial or to secure his waiver of that right; and 2) the statutory scheme does not require, the petition did not allege, and the plaintiff did not prove that defendant's mental retardation makes it seriously difficult for him to control his dangerous behavior.

Appellate Information

• Decided 11/08/2006
• Published 11/08/2006

Judges

• RAYE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Patricia L. Watkins, under appointment by the Court of Appeal, for Defendant and Appellant., Karen Keating Jahr, County Counsel, and David A. Hamilton, Deputy County Counsel, for Plaintiff and Respondent., Bill Lockyer, Attorney General, Thomas R. Yanger, Senior Assistant Attorney General, Joseph O. Egan, Supervising Deputy Attorney General, and Catherine H. Brown, Deputy Attorney General, for Department of Developmental Services as Amicus Curiae on behalf of Plaintiff and Respondent.