California Court of Appeal

The trial court's order civilly committing defendant to a state hospital under the Sexually Violent Predator Act is reversed and remanded, where: 1) a defendant in a civil commitment proceeding has a due process right to the effective assistance of counsel and to a Marsden hearing to ask for the appointment of substitute counsel; and 2) the trial court's failure to conduct a Marsden hearing was prejudicial error.

Appellate Information

• Decided 09/11/2013
• Published 09/11/2013

Judges

• McKINSTER

Court

• California Court of Appeal

Counsel