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MATTER OF EASTERBERG

No. 117,933.

437 P.3d 964 (2019)

In the MATTER OF the Care and Treatment of Thomas EASTERBERG.

Supreme Court of Kansas.

Opinion filed March 29, 2019.

Attorney(s) appearing for the Case

Michael P. Whalen , of Law Office of Michael P. Whalen, of Wichita, argued the cause and was on the brief for appellant.

Dwight R. Carswell , assistant solicitor general, argued the cause, and Bryan C. Clark , assistant solicitor general, and Derek Schmidt , attorney general, were with him on the brief for appellee.

This is an original proceeding in habeas corpus. Thomas Easterberg argues he must be released from confinement because the State has no statutory basis to civilly commit him under the Kansas Sexually Violent Predator Act (KSVPA), K.S.A. 2017 Supp. 59-29a01 et seq.

On present showing, we hold that there is a fact question for Riley County...

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