California Court of Appeal

A petition for writ relief brought on behalf of an incompetent person, Michelle, to prevent the trial court from conducting an evidentiary hearing on a habeas corpus petition the Public Defender filed on her behalf to obtain her release from Fairview Developmental Center, and a periodic judicial review on whether Michelle's Fairview placement remains necessary, is: 1) granted in part, where the Public Defender lacks authority to pursue the habeas corpus petition on Michelle's behalf; but 2) denied in part, where the Lanterman Act's administrative fair hearing procedures do not deprive the trial court of jurisdiction to periodically review Michelle's placement, and Michelle has a right to independent appointed counsel on the periodic reviews because she has a significant liberty interest in her placement.

Appellate Information

• Decided 11/08/2013
• Published 11/08/2013

Judges

• ARONSON

Court

• California Court of Appeal

Counsel