United States Supreme Court

In an appeal of a judgement extending defendant's commitment as a mentally disordered offender (MDO), under the Mentally Disordered Offenders Act (Pen. Code, section 2960 et seq.), contending that because persons subject to civil commitment after being found not guilty by reason of insanity (NGI) have a statutory right, pursuant to section 1026.5(b)(7), not to be compelled to testify in proceedings to extend their commitments, and this right has been extended to commitment proceedings for sexually violent predators (SVP) by application of equal protection principles, so should a person facing commitment as an MDO, the appeal is dismissed where, although MDO’s, SVP’s and NGI’s are all similarly situated with respect to the testimonial privilege provided for in section 1026.5(b)(7), the appeal is moot because a subsequent petition for recommitment was denied by the trial court based on the court's finding that appellant no longer met the criteria for commitment as an MDO.

Appellate Information

• Published 2016/04/19

Judges

• McKINSTER

Court

• United States Supreme Court

Counsel