South Carolina Court of Appeals opinion holding that a competency evaluation is not a requirement of Due Process in the context of state SVP proceedings.
In re Griffin (S.C. Ct. App. 2021)
Posted: September 9, 2023
Walker v. Superior Court of the City and County of San Francisco (Cal. 2021)
Posted: September 9, 2023
Supreme Court of California opinion holding that Petitioner was prejudiced by the erroneous admission of hearsay evidence in his probable cause hearing for involuntary commitment pursuant to the Sexually Violent Predator Act.
Walker v. Superior Court of the City and County of San Francisco (Cal. 2021)
Howe v. Godinez (S.D. Ill. 2021)
Posted: September 9, 2023
Southern District of Illinois opinion finding that systemic failures to provide adequate mental health treatment at Big Muddy River Correctional Center’s Sexually Dangerous Persons Program resulted in Plaintiffs’ detainment “without real hope of release” and deprived Plaintiffs of due process in violation of the Fourteenth Amendment.
In the Matter of the Civil Commitment of Kenney (Minn. 2021)
Posted: September 9, 2023
Minnesota Supreme Court opinion reversing a judgment of the appellate court regarding a civilly committed individual's petition for reduction in custody, holding that the clear error standard of review does not allow an appellate court to reweigh evidence.
In the Matter of the Civil Commitment of Kenney (Minn. 2021)
People v. Codinha (Cal. Ct. App. 2021)
Posted: September 9, 2023
California Court of Appeal opinion affirming denial of appellant's motion to dismiss guilty plea based on ineffective assistance, concluding that counsel was not obligated to advise appellant that a sexually violent predator (SVP) commitment was a possible consequence of his plea.
Karsjens v. Harpstead (D. Minn. 2022)
Posted: September 9, 2023
District Court opinion on remand from the Eighth Circuit holding that Plaintiffs challenged conditions of confinement serve legitimate governmental objectives that are not excessive, arbitrary, purposeless, or punitive and that there is insufficient evidence to conclude that Defendants were deliberately indifferent to any specific illness or injury or that any alleged indifference caused any actual injury or harm.
Rick v. Harpstead (D. Minn. 2023)
Posted: September 9, 2023
Minnesota District Court grants habeas petition to individual civilly committed to Minnesota's sex offense civil commitment program under the "actual-innocence exception" based on newly discovered evidence regarding recidivism rates and predicted "risk."
People v. Kastman (Ill. 2022)
Posted: September 9, 2023
Supreme Court of Illinois affirmed lower court decision granting motion for civilly committed individual on conditional release who sought financial assistance from the Director of the Department of Corrections as his guardian.
Baughman v. Commonwealth of Virginia (Va. 2022)
Posted: September 9, 2023
In an unpublished opinion, the Supreme Court of Virginia finds reversible error in the trial court, noting that SVPA probable cause hearings require that an expert witness conducting a mental health examination be “designated by the Commissioner” and concluding that the introduction of expert testimony by a mental health professional retained by the Commonwealth, who was not designated by the Commissioner, prejudiced Appellant and had a “substantial influence” on the outcome of the proceeding.
Needham v. Superior Court of Orange County (Cal. Ct. App. 2022)
Posted: September 9, 2023
California Court of Appeals opinion holding as a matter of first impression, that the government was not entitled to call a privately retained expert witness to testify at SVPA trial as to petitioner's mental state.
Needham v. Superior Court of Orange County (Cal. Ct. App. 2022)