Martin v. Reinstein

¶ 112 I respectfully dissent. I think that fundamental fairness requires that persons who plead guilty to violent sex crimes must be advised that they might be detained for life under the Sexually Violent Persons Act. All of these petitioners pled guilty without knowing about the Act. All of them have served their sentences, so setting aside their pleas would be an inadequate remedy. The relief they are entitled to is exclusion from the provisions of the Act. See Brock v. Weston, 31 F.3d 887 (9th Cir.1994).

¶ 113 I would accept jurisdiction, grant relief and decline to address the remaining…