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HUBBART v. KNAPP

No. 03-16877.

379 F.3d 773 (2004)

Christopher Evans HUBBART, Petitioner-Appellant, v. Robert KNAPP; Atascadero State Hospital, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2004.

Attorney(s) appearing for the Case

Jonathan Grossman, Santa Clara, CA, for the petitioner-appellant.

Peggy S. Ruffra, Supervising Deputy Attorney General, Office of the Attorney General of the State of California, San Francisco, CA, for the respondents-appellees.

Before: GOODWIN, CANBY, and TALLMAN, Circuit Judges.

TALLMAN, Circuit Judge:

Christopher Hubbart claims that his commitment under California's Sexually Violent Predator Act ("SVPA"), Cal. Welf. & Inst.Code § 6600, et seq., violates federal due process and equal protection, and he seeks habeas corpus relief. Hubbart was the first person confined under this latest California civil commitment statute, and his case follows an evolution of state efforts, civil and criminal, to contain and rehabilitate recidivist...

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