United States Ninth Circuit

The Younger abstention doctrine does not apply to defendant's habeas corpus petition challenging his detention pending a civil commitment proceeding under the Sexually Violent Predators Act, because the proceedings were not "ongoing," and therefore the case is remanded with instructions that the district court grant a conditional writ requiring that defendant be tried within 90 days or released and the SVPA petition dismissed.

Appellate Information

• Decided 03/13/2013
• Published 03/13/2013

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel