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Legal Opinion

Garcetti v. Superior Court

California Court of Appeal

Decided December 23, 1998No. B126210PublishedCited by 15 opinions

1Opinion of the Court

Opinion

KLEIN, P. J.

The People seek a writ of mandate directing respondent superior court to vacate its order dismissing the People’s petition for commitment of real party in interest Carnot Andres Lyles (Lyles) under the Sexually Violent Predators Act (SVP Act). (Welf. & Inst. Code, § 6600 et seq.)

The essential issue presented is whether the trial court erred in dismissing the People’s petition on the ground it lacked jurisdiction because Lyles was not lawfully in custody at the time the People filed the petition for commitment.

We conclude the trial court had jurisdiction to proceed on the…

2Cases cited7 opinions

  1. Kansas v. HendricksSupreme Court of the United States · 1997
  2. People v. McGeeCalifornia Supreme Court · 1977
  3. Terhune v. Superior CourtCalifornia Court of Appeal · 1998
  4. People v. CurtisCalifornia Court of Appeal · 1986
  5. People v. MordCalifornia Court of Appeal · 1988

2 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. People v. HubbartCalifornia Court of Appeal · 2001
  2. People v. WilliamsCalifornia Court of Appeal · 2000
  3. State v. AtkinsonSupreme Court of Florida · 2002
  4. In Re SmithCalifornia Supreme Court · 2008
  5. Johnson v. NelsonDistrict Court, S.D. California · 2001

10 more not listed; retrieve them via the Exa API.

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