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Appellate Review Conservatorship Proceedings

On appellate review in a conservatorship proceeding of a trial court order that must be based on clear and convincing evidence, is the reviewing court simply required to find substantial evidence to support the trial court's order or must it find substantial evidence from which the trial court could have made the necessary findings based on clear and convincing evidence?…

Case: Conservatorship of O.B. (2020) 9 Cal.5th 989
Case Number: S254938
Updated: July 27, 2020
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Confidentiality of SVP Treatment Information

(1) Is an expert retained by the prosecution in a proceeding under the Sexually Violent Predator Act entitled to review otherwise confidential treatment information under Welfare and Institutions Case section 5328? (2) Is the district attorney entitled to review medical and psychological treatment records or is access limited to confidential treatment information contained in an updated mental evaluation conducted under…

Case: People v. Superior Court (Smith) (2018) 6 Cal.5th 457
Case Number: S225562
Updated: December 13, 2018
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IAC for Failing to Advise Potential SVPA Involuntary Commitment

(1) Does constitutionally effective assistance of counsel require defense counsel to advise a defendant that a guilty plea may subject the defendant to commitment proceedings under the Sexually Violent Predator Act (Welf. & Inst. Code, § 6600 et seq.; SVPA)? If so, did petitioner in this case suffer prejudice? (2) In the alternative, should this Court, in the exercise of…

Case: In re Tellez (2022) 84 Cal.App.5th 292, review granted 1/19/2022
Case Number: S277072/D079716
Updated: January 25, 2023
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Conservatorship–Right Not to Testify

Does equal protection require that persons subject to a conservatorship under the Lanterman-Petris-Short Act (Welf. & Inst. Code, § 5350) have the same right to invoke the statutory privilege not to testify as persons subject to involuntary commitments under Penal Code section 1026.5 after a finding of not guilty by reason of insanity? Held: "The Lanterman-Petris-Short (LPS) Act (LPS Act;…

Case: Conservatorship of Eric B. (2022) 12 Cal.5th 1085
Case Number: S261812
Updated: April 28, 2022
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Level of Scrutiny for Determination of SVPA Equal Protection Violation

What level of scrutiny applies in determining whether the Sexually Violent Predator Act (Welf. & Inst. Code, § 6600 et seq.) violates equal protection because it does not require an advisement or personal waiver of a jury trial as afforded in other civil commitment statutes?

Case: People v. Cannon (2002) 85 Cal.App.5th  786, review granted 2/15/2023
Case Number: S277995/A163083
Updated: February 15, 2023
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Does the SVPA Allow the People to Retain a Private Expert to Testify at Trial

Does the Sexually Violent Predator Act (Welf. & Inst. Code, § 6600 et seq.) allow the People to retain a private expert to testify at trial as to whether a defendant is a sexually violent predator, or are the expert witnesses limited to those designated by the State Department of State Hospitals (Welf. & Inst. Code, §§ 6601 & 6603)? …

Case: Needham v. Superior Court (2022) 82 Cal.App.5th 114, review granted 10/26/2022
Case Number: S276395/G060670
Updated: September 20, 2023
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Delay of SVP Trial Due Process Violation?

Does a 15-year delay in bringing a defendant to trial under the Sexually Violent Predator Act (Welf. & Inst. Code, § 6600 et. seq) constitute a due process violation? Persons facing commitment under the Sexually Violent Predator (SVP) Act have a due process right to a timely trial, but even a 15-year delay does not necessarily violate that right where…

Case: Camacho v. Superior Court (2023) __ Cal.5th __
Case Number: S273391/F082798
Updated: August 31, 2023
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