In re Butler (Cal. Ct. App. 2020)

In re Butler, No. A159122 (Cal. Ct. App. 2020)

Nature of Case: Appellee had been convicted of a sexual offense and, towards the end of his criminal sentence, California state authorities petitioned to have him indefinitely committed. He was held past the expiration of his criminal sentence and, for the next 12 years, was detained without trial due to a variety of factors. Appellee filed a writ of habeas corpus, alleging that his continued detention was in violation of his Due Process rights, and the trial court agreed. The state sought review.

Holding: The California Court of Appeal affirmed the decision of the trial court, finding that a delay of 12 years in bringing the Appellee to trail where the Appellee had not waived his speedy trial rights in the context of an SVP proceeding violated his Due Process rights.