California Court of Appeal

Defendant's petition for a writ of habeas corpus is granted as the assessment protocols used to evaluate defendant leading to the SVPA commitment petition is invalid as an underground regulation, and as such, the appropriate remedy is to order new evaluations of defendant using a valid assessment protocol and to conduct another probable cause hearing under section 6602(a) based on the new evaluations.

Appellate Information

• Decided 11/19/2009
• Published 11/19/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edward C. Ronje, in pro. per., Rudy Kraft, under appointment by the Court of Appeal, for Petitioner Edward C. Ronje.


• For Appellees:
  
• Tony Rackauckas, District Attorney, and Mike Flory, Deputy District Attorney, for Respondent State of California.