California Court of Appeal

Orders enforcing and extending a Civil Order of Detention for Tuberculosis treatment issued against defendant, requiring detention while he completes a course of treatment for tuberculosis, are affirmed over claims that the orders are "void" where the trial court deprived him of due process and equal protection by: 1) failing to appoint counsel to represent him before an initial hearing; and 2) failing to require a unanimous jury verdict using the reasonable doubt burden of proof on the questions of whether he could be relied upon to complete the course of treatment and follow infection control precautions.

Appellate Information

• Decided 10/22/2007
• Published 10/22/2007

Judges

• YEGAN, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Kenneth I. Clayman, Public Defender and Michael C. McMahon, Certified AppellateLaw Specialist, for Defendant and Appellant., Noel A. Klebaum, County Counsel, County of Ventura an John E. Polich, Deputy County Counsel, for Plaintiff and Respondent.