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Name: Reilly v. Superior Court
Case #: G045118
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 03/28/2012
Subsequent History: Rev. granted 6/13/12 (S202280)
Summary

In an SVPA proceeding, a petitioner may challenge the petition on the ground it is not supported by two concurring evaluators with a plea in abatement. Petitioner was the subject of an SVPA commitment petition filed in 2000. While in custody, a recommitment petition was filed. The requisite evaluations were conducted according to an invalid assessment protocol. New evaluations were performed and the evaluators found he did not meet the criteria for commitment. The appellate court ruled that petitioner could challenge the validity of the petition with a bill in abatement and the petition must be dismissed because the subsequent evaluations found him to not meet the criteria for the SVPA. Because it must be dismissed, petitioner cannot be compelled to undergo another mental evaluation. (See People v. Superior Court (Ghilotti) (2002) 27 Cal.4th 888, and In re Ronje (209) 179 Cal.App.4th 509.)