MDO

Name: People v. Baker
Case #: E053641
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 04/11/2012
  • Categories: Civil Commitments, Evidence, Expert Witness, Hearsay, MDO

The expert psychological evaluator was not competent to give a legal conclusion about the nature of an underlying felony; excluding the inadmissible hearsay which was subject to an objection there was still substantial evidence for the initial commitment findings for…

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Name: Harrison v. Board of Parole Hearings
Case #: E051465
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/23/2011
Subsequent History: Rev. gr. 3/14/12 (S199830)
  • Categories: Civil Commitments, Evidence, Insufficiency/Sufficiency of, MDO

A finding of Mentally Disordered Offender (MDO) status was reversed due to lack of sufficient evidence to support the elements required by Penal Code section 2962. In this case, a single expert witness testified that he reviewed two previous MDO…

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Name: People v. Gregerson
Case #: G044661
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 12/22/2011
  • Categories: Burden of Proof, Civil Commitments, MDO, Trial Proceedings

A Mentally Disordered Offender (MDO) has the burden of proof on his motion for outpatient treatment and the standard is "reasonable cause" to believe that outpatient treatment would be safe and effective. There was agreement in the trial court that…

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Name: People v. Hernandez
Case #: F060971
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/02/2011
  • Categories: Civil Commitments, MDO

The District Attorney's statutory authority to file a petition for recommitment of a mentally disordered offender does not depend on the medical director's determination that the inmate is dangerous. In support of this petition under Penal Code section 2970, the…

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Name: People v. Crivello
Case #: C066994
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/01/2011
  • Categories: Civil Commitments, MDO

Where the trial court found reasonable doubt that defendant had a substantial mental disorder that was a causative factor in the commission of his crime, the prosecution is barred from seeking to recommit the defendant as a mentally disordered offender…

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Name: People v. Reynolds
Case #: E051311
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/15/2011
  • Categories: Civil Commitments, MDO

There is no equal protection violation when presentence credits are not applied to a commitment to a state hospital for competency treatment pursuant to Penal Code section 1370, subdivision (c)(1). The defendant pending a criminal trial was found incompetent to…

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Name: People v. Wrentmore
Case #: G043770
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/20/2011
  • Categories: Civil Commitments, MDO, Right to Counsel, Waiver of Counsel

An invocation of the right to self-representation for a defendant, facing extension of commitment as a mentally disordered offender is based on a statutory right, and an error in allowing the defendant to waive counsel and represent himself is subject…

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Name: People v. Superior Court (Salter)
Case #: B227337
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 02/24/2011
  • Categories: Civil Commitments, MDO

Once an MDO extension petition has been filed based on the recommendation of the medical director, the prosecution has a right to a jury trial to resolve any conflicts about the medical condition of the prisoner. When appellant was a…

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Name: People v. Labelle
Case #: B223468
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 11/18/2010
  • Categories: Civil Commitments, MDO

Felony vandalism can be a qualifying commitment offense for purposes of the Mentally Disordered Offender (MDO) statute. A qualifying offense under the MDO statute (Pen. Code, sec. 2960 et seq.) includes "[a] crime ... in which the prisoner used force…

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Name: Lopez v. Superior Court
Case #: S172589
Court: CA Supreme Court
District CalSup
Opinion Date: 10/18/2010
  • Categories: Civil Commitments, MDO

The static factors of an MDO commitment, including whether the crime of conviction falls within the statute, must be litigated during the initial one-year commitment period. The Mentally Disordered Offender Act (MDO) (Pen. Code, sec. 2960 et seq.) requires that…

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