United States Ninth Circuit

Denial of a habeas petition challenging petitioner's involuntary commitment as a sexually violent predator (SVP) pursuant to California's Sexually Violent Predator Act (SVPA) is affirmed over a claim that it was error for a state trial judge to refuse to instruct a jury that it had to find him "dangerous beyond his control" in order to find that he was a SVP.

Appellate Information

• Argued 06/14/2006
• Decided 07/18/2006
• Published 07/18/2006

Judges

• O'SCANNLAIN, Circuit Judge:, Before: HUG, and O'SCANNLAIN, Circuit Judges, and MILLER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David Porter, Assistant Federal Defender, Sacramento, CA, argued the cause for the appellant.  Quin Denvir, Federal Defender, Dennis S. Waks, Acting Federal Defender, and Ann C. McClintock, Assistant Federal Defender, Sacramento, CA, were on the briefs.


• For Appellees:
  
• Judy Kaida, Deputy Attorney General, Sacramento, CA, argued the cause for the appellee.  Bill Lockyer, Attorney General of California, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, and Brian G. Smiley, Deputy Attorney General, Sacramento, CA, were on the brief for the appellee.