Legal Opinion
In re Care & Treatment of Easterberg
Supreme Court of Kansas
Decided March 29, 2019No. 117933PublishedCited by 3 opinions
1Per curiam
**491This 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 District Court to resolve in order to determine whether Easterberg's writ should be granted; therefore, we remand this action to the district court with directions.
FACTUAL AND PROCEDURAL OVERVIEW
In 2007, the State charged Easterberg with multiple crimes…
2Cases cited18 opinions
- Kansas v. HendricksSupreme Court of the United States · 1997
- Jones v. CunninghamSupreme Court of the United States · 1963
- Boumediene v. BushSupreme Court of the United States · 2008
- Kansas v. CraneSupreme Court of the United States · 2002
- Lonchar v. ThomasSupreme Court of the United States · 1996
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3Cited by3 opinions
- In re Care & Treatment of JonesCourt of Appeals of Kansas · 2020
- Kansas Fire and Safety Equipment v. City of TopekaCourt of Appeals of Kansas · 2022
- State v. SmithCourt of Appeals of Kansas · 2020