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Name: People v. Hardacre
Case #: B143800
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/25/2001
Subsequent History: Rehrg. den. 8/20/01, as modified; Rev. den. 10/24/01

The trial court did not abuse its discretion in refusing to appoint the defense its own expert witness at the “show cause” hearing in this SVP proceeding. After one year (of a two year commitment), there is a mental exam and unless the defendant waives the right to petition for annual release, the court must set a “show cause” hearing to determine if there has been a change so that the defendant is no longer a danger to others. However, the mental exam showed the defendant participated only minimally in therapy, and denied he needed any treatment. Further, the ruling did not deprive the defense of due process. Finally, on this record, the court did not err in refusing to order a full hearing on the issue of whether defendant continued to meet the criteria for a SVP.