P. v. Lozano CA3
Resolution of the issues in this case requires consideration of an SVP detainee’s due process right to a timely trial. Between 2008 and 2020, California courts published a number of cases delineating that due process right. Understanding the framework of those cases, and their chronology, is helpful in understanding the factual background and legal analysis of this case; thus, we set forth that history first.
“Because civil commitment involves a significant deprivation of liberty, a defendant in an SVP proceeding is entitled to due process protections. (Foucha v. Louisiana (1992) 504 U.S. 71, 80.)” (People v. Otto (2001) 26 Cal.4th 200, 209.) In SVP proceedings, after a finding of probable cause on the commitment petition, the alleged SVP is detained pending trial.
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