P. v. Chaney
Eldridge Chaney appeals from the denial of his petition for conditional release from civil confinement as a sexually violent predator (SVP). He contends that (1) the trial court erred by proceeding under the wrong provision of the Sexually Violent Predator Act (SVPA) (Welf. & Inst. Code, § 6600 et seq.)[1] and that his trial counsel rendered ineffective assistance by inviting the error and/or forfeiting the issue; (2) the trial court violated his equal protection rights by requiring him to bear the burden of proving his suitability for conditional release; (3) the trial court violated his procedural due process rights, his constitutional rights to privacy, the psychotherapist-patient privilege, and public policy when it ordered production of his written treatment assignments; (4) the trial court violated his due process rights when it denied his request to present “rebuttal†witnesses; (5) the cumulative effect of the trial court’s errors denied him a fair trial; (6) he is entitled to a different judge on remand; and (7) the deputy district attorney who tried the case must be disqualified on remand. We conclude that Chaney’s counsel rendered ineffective assistance by seeking relief under section 6608. We reject Chaney’s other arguments. We reverse the judgment and remand the matter for a new hearing under section 6605.
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