United States Seventh Circuit
Sweeney v. Bartow, 10-1447
Defendant's petition for a certificate of appealability challenging state court proceedings to commit him civilly as a sexually violent person, claiming that the use of his assault convictions as the basis for civil detention as a sexually violent person would infringe the ex post facto clause, is denied as, if all a defendant in a state proceeding had to do in order to obtain federal court review of his federal claims before the proceeding was over was to move to dismiss and exhaust state remedies, Younger would be a dead letter.
Appellate Information
- Argued 04/16/2010
- Decided 07/08/2010
- Published 07/08/2010
Judges
Court
- United States Seventh Circuit