Rainwater Law Group

Effective Criminal Defense

Seeboth v. Allenby, No. 12-17062 [June 18, 2015]

Seeboth v. Allenby

A prisoner’s challenge to California’s Sexually Violent Predator Act as unconstitutional on its face. “[A]bsence of a provision [in the act] setting forth a time within which to hold a trial extending the term of his commitment denies him equal protection of the laws because, under California law, other civilly committed persons have a statutory right to a recommitment trial within a specified period.” The court rejected the claim as it found that the state court conclusion that a person under this act was not similarly situated to other types of commitments, as the state has “a constitutionally sufficient reason for treating groups differently” was reasonable.

blog comments powered by Disqus