Esper v. Superior Court
Lawrence Esper is the subject of a commitment petition filed pursuant to the Sexually Violent Predator Act, Welfare and Institutions Code section 6600 et seq. (SVPA).[1] By this petition for writ of mandate or prohibition, Esper challenges the respondent court’s order denying his motion to dismiss the SVPA commitment petition. He argues that when the commitment petition was filed, he was not in lawful custody as required under section 6601, subdivision (a)(2) (section 6601(a)(2)) because his arrest in October 2007, which led to his custody on revocation of his parole, was made in violation of his due process rights.
We conclude a full evidentiary hearing, with oral testimony permitted, is necessary to determine whether Esper’s arrest in October 2007 violated his due process rights and, if so, whether that arrest was the result of a good faith mistake of fact or law by law enforcement officials. We therefore grant the petition and issue a writ of mandate directing the respondent court to vacate its orders denying Esper’s motion to dismiss the SVPA commitment petition, conduct an evidentiary hearing on the motion with oral testimony if requested, prepare written findings, and, based on those findings, reconsider Esper’s motion.
Comments on Esper v. Superior Court