California Court of Appeal

Petition for writ of mandate, directing the superior court to initiate a competency evaluation and to stay the Sexually Violent Predator Act proceeding until the issue of plaintiff's mental competency can be determined, is granted where as a matter of constitutional due process, a defendant cannot be subjected to trial as an alleged sexually violent predator while mentally incompetent.

Appellate Information

• Decided 06/04/2009
• Published 06/04/2009

Judges

• KLEIN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Michael P. Judge, Public Defender, Albert J. Menaster, Karen King and Jack T. Weedin, Deputy Public Defenders, for Petitioner., Alan A. Abrams and Maheen Patel for American College of Forensic Psychiatry as Amicus Curiae on behalf of Petitioner., Michael J. Aye, Sacramento, as Amicus Curiae on behalf of Petitioner., Norton & Melnik and Todd L. Melnik, Los Angeles, as Amici Curiae on behalf of Petitioner., Steve Cooley, District Attorney, Phyllis Asayama and Roberta Schwartz, Deputy District Attorneys, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.