Law-Guy: Daily Case Summaries

People v. O’Shell (2009) ,  Fourth Dist. Apr. 8, 2009
Def at conclusion of 2d sex assault term.  He is evaluated and found to be Paraphilia NOS and thought to be SVP.  At trial Def called by pros as witness wanted to testify that because of 3 strikes life sentence he did not want to get new [...]

People v. Carroll (2007) , Cal.App.4th [No. F051709. Fifth Dist. Dec. 27, 2007
Def appears on one of several successive SVP recommittments under old 2 year old extention law.  Petition for 2 year commitment is filed 6 months prior to actual trial.  Within days of trial, new indefinite commitment law goes into effect.  On day of [...]

Joshua D. v. Superior Court (People) (2007) , Cal.App.4th [No. G038394. Fourth Dist., Div. Three. Nov. 30, 2007
Juvi seeks writ to sustain his claim that he cannot be compelled to testify in extended committment hearing in juvi facility based on assertion he presents danger based on mental illness.  Court first concludes that no 5th amendment [...]

Bourquez v. Superior Court (People) (2007) , Cal.App.4th
Multiple petitioners committed under prior SVP petitions seek dismissal of pending 2 year renewal petitions on grounds that Prop 83 abolished such petitions.  Appeal court concludes new prop infers intent to extend committments of existing SVP inmates and that petitions should be deemed petitions for indefinite commitments.