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Name: People v. Cheek
Case #: S083305
Court: CA Supreme Court
District CalSup
Opinion Date: 06/21/2001
Subsequent History: None

SVPA case. Under the Sexually Violent Predators Act (SVPA), a defendant is entitled to an annual review of his mental condition. The superior court must hold a “show cause” hearing under Welfare and Institutions Code section 6605, to determine whether probable cause exists to discharge the defendant. At issue in this case was the meaning of the phrase “show cause hearing” as used in section 6605. The Supreme Court here upheld the Court of Appeal’s decision in this case, determining that the defendant has a right to call witnesses and to cross-examine the state’s witnesses at the hearing, disapproving the Court of Appeal’s contrary decision in People v. Herrera (1998) 66 Cal. App. 4th 1149.