MDO

Name: People v. Gerard
Case #: B260679
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 12/22/2015
  • Categories: Civil Commitments, MDO

Board of Parole Hearings had good cause to detain a prisoner beyond his release date to conduct an MDO evaluation where prisoner's release date was the same date he was received by CDCR. In 2013, Gerard was convicted of failing…

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Name: People v. Stevens
Case #: S209643
Court: CA Supreme Court
District CalSup
Opinion Date: 12/10/2015
  • Categories: Civil Commitments, Evidence, Expert Witness, MDO

A mental health expert's testimony in support of a defendant's MDO commitment may not be used to prove the defendant committed qualifying offenses (Pen. Code, § 2962, subd. (e)(2)(A)-(O)) or that the offense involved certain behaviors (§ 2962, subd. (e)(2)(P),…

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Name: People v. Blackburn
Case #: S211078
Court: CA Supreme Court
District CalSup
Opinion Date: 08/17/2015
  • Categories: Civil Commitments, MDO, Right to Jury Trial, Trial Proceedings, Waiver of Jury Trial

In proceedings to extend the involuntary commitment of a mentally disordered offender (MDO), the trial court must advise the defendant of his right to a jury trial and obtain the defendant's personal waiver of that right before holding a bench…

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Name: People v. J.S.
Case #: E058471
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/26/2014
  • Categories: Civil Commitments, MDO

Defendant was entitled to have her petition challenging her MDO classification heard on the merits after her initial commitment period expired because the petition was filed during the initial year of commitment and was not moot. Defendant was convicted of…

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Name: People v. Itehua
Case #: B252472
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/24/2014
  • Categories: Civil Commitments, Crimes, Elements of Crimes, MDO

Defendant whose stalking behavior involved implied threats of violence met the criteria of a mentally disordered offender (MDO). Defendant was convicted of stalking a woman in violation of a restraining order and served a term for the offense in state…

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Name: People v. Harrison
Case #: S199830
Court: CA Supreme Court
District CalSup
Opinion Date: 10/31/2013
  • Categories: Civil Commitments, MDO

In Mentally Disordered Offender (MDO) proceedings, compliance with the evaluation and certification procedural requirements in Penal Code section 2962, subdivision (d) is a question of law for the court. Harrison was convicted of battery with serious bodily injury and sentenced…

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Name: People v. Blackburn
Case #: H037207
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/23/2013
Subsequent History: Review granted 8/14/2013: S211078
  • Categories: Civil Commitments, MDO, Trial Proceedings, Waiver of Jury Trial

Although record fails to show trial court advised mentally disordered offender (MDO) of jury trial right, the error was harmless. Defendant was subject to commitment proceedings under the Mentally Disordered Offender Act (Act) (Pen. Code, § 2960 et seq.). The…

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Name: People v. Stevens
Case #: B241356
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 02/27/2013
Subsequent History: Review granted 6/12/2013: S209643
  • Categories: Civil Commitments, MDO

In a Mentally Disordered Offender (MDO) proceeding, a qualified mental health expert can rely on the probation report in forming his opinion that appellant is an MDO. Appellant was charged with petty theft with a prior conviction following a shoplift…

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Name: People v. Achrem
Case #: B236100
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 01/29/2013
  • Categories: Civil Commitments, MDO

Treatment at a parole outpatient clinic (POC) satisfies the 90-day treatment criteria for an MDO commitment where treatment is specified by Department of Mental Health (DMH). Appellant, who suffers from schizophrenia, was convicted of manslaughter in 2000. After his release…

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Name: People v. Nelson
Case #: D059930
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/30/2012
  • Categories: Civil Commitments, MDO

Incident notes made by hospital staff about appellant's agressive behavior were properly admitted in MDO proceeding. Nelson appealed an order recommitting her to the DMH as an MDO, contending that the trial court erred by admitting the details of hearsay…

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