Legal Opinion
People v. Gibson
California Court of Appeal
Decided October 6, 1988No. B025616PublishedCited by 39 opinions
1Opinion of the Court
*1429Opinion
ABBE, J.
Legislation,1 effective July 1, 1986, requiring a person who had been sentenced to a determinate sentence prior to that date to be confined in a mental hospital as a condition of parole, violates constitutional ex post facto clauses. The legislation also violates equal protection because it mandates involuntary confinement and treatment of former prisoners who are mentally ill without proof of dangerousness.
Appellant was convicted of forcible rape in violation of Penal Code2 section 261, subdivision (2) and on June 29, 1983, was sentenced to six years in the state prison. With…
2Cases cited24 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Reynolds v. SimsSupreme Court of the United States · 1964
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- Shapiro v. ThompsonSupreme Court of the United States · 1969
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3Cited by39 opinions
- Cooley v. Superior CourtCalifornia Supreme Court · 2003
- People v. McKeeCalifornia Supreme Court · 2010
- People v. HofsheierCalifornia Supreme Court · 2006
- People v. BuffingtonCalifornia Court of Appeal · 1999
- People v. HubbartCalifornia Court of Appeal · 2001
34 more not listed; retrieve them via the Exa API.