California Court of Appeal

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In re Brian J., E038381

Two-year extension of defendant's commitment to the California Youth Authority under juvenile Extended Detention Act (EDA) is affirmed over claims that: 1) the EDA deprived him of equal protection of the law by treating him differently from similarly situated adult prisoners who are subject to civil commitments under the Sexually Violent Predators Act and the mentally disordered offender laws; 2) the order extending his commitment was unconstitutional as it is penal in nature, violates substantive due process, and results in cruel and unusual punishment; 3) there was insufficient evidence that his mental disorder caused him serious difficulty in controlling his dangerous behavior or that any risk of reoffense was a result of a mental disorder; and 4) the prosecutor committed prejudicial misconduct in arguing to the jury.

Appellate Information

  • Decided 04/24/2007
  • Published 04/24/2007

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Valerie G. Wass, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Gil Gonzalez, Supervising Deputy Attorney General, and Garrett Beaumont, Deputy Attorney General, for Plaintiff and Respondent.
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