California Court of Appeal

In a prisoner's suit seeking a writ of mandate or prohibition compelling the trial court to grant his motion to dismiss the proceedings to commit him as a sexually violent predator (SVP) when the original SVP evaluations were prepared using an invalid protocol and replacement evaluations resulted in a split of opinion, the petition is denied, where: 1) the superior court had jurisdiction over the commitment proceedings; 2) given the procedural safeguards in place--a probable cause hearing, a jury trial, and a unanimous verdict, there was no need to start the SVP evaluation process from the beginning with a legally valid protocol.

Appellate Information

• Decided 01/05/2012
• Published 01/05/2012

Judges

• Rivera

Court

• California Court of Appeal

Counsel