REILLY v. SUPERIOR COURT

No. S202280.

57 Cal.4th 641 (2013)

160 Cal. Rptr. 3d 410

304 P.3d 1071

KEVIN MICHAEL REILLY, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

August 19, 2013.


Attorney(s) appearing for the Case

Deborah A. Kwast and Frank Ospino , Public Defenders, Jean Wilkinson , Chief Deputy Public Defender, Denise Gragg , Sharon Petrosino and Mark S. Brown , Assistant Public Defenders, for Petitioner.

Michael Leon Seaton , in pro. per., as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Steven T. Oetting and Bradley A. Weinreb , Deputy Attorneys General, for Real Party in Interest.

Tony Rackauckas , District Attorney (Orange) and Elizabeth Molfetta , Deputy District Attorney, for the Orange County District Attorney as Amicus Curiae on behalf of Real Party in Interest.


OPINION

CHIN, J.

We granted review in this case to determine whether a court must dismiss a Sexually Violent Predator Act (SVPA) civil commitment petition filed under Welfare and Institutions Code section 6600 et seq.1 if the Office of Administrative Law determines that the initial evaluations supporting the petition were conducted under an assessment protocol that did not comply with its procedural requirements. We conclude...

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