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Supreme Court of California


PEOPLE v. HOWARD N., S123722

Welfare and Institutions Code section 1800, which delineates procedures governing the extended detention of dangerous persons, violates due process where it does not expressly require a finding that the person's mental deficiency causes serious difficulty in controlling his dangerous behavior.

Appellate Information

  • Decided 02/24/2005
  • Published 02/24/2005

Judges

  • BROWN, J.

Court

  • Supreme Court of California

Counsel

  • For Appellees:
  • Linnéa M. Johnson, Sacramento, under appointment by the Supreme Court, and Francia M. Welker, under appointment by the Court of Appeal, for Defendant and Appellant., Margaret Roberts for Protection and Advocacy, Inc., as Amicus Curiae on behalf of Defendant and Appellant., Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Lloyd G. Carter, Janet E. Neeley, Louis M. Vasquez and Kathleen A. McKenna, Deputy Attorneys General, for Plaintiff and Respondent.
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