Legal Opinion
In Re Franklin
California Court of Appeal
Decided December 17, 2008No. F055684PublishedCited by 4 opinions
1Opinion of the Court
Opinion
GOMES, J.
Edwin V. Franklin petitions for writ of habeas corpus to require dismissal with prejudice of the pending petition for his civil commitment as a sexually violent predator (SVP) and to require his release from custody arising out of those proceedings. We will grant his petition.
FACTUAL AND PROCEDURAL BACKGROUND
On August 24, 2001, on the basis of a 2001 SVP petition alleging, inter alia, a 1978 rape conviction, a 1981 rape conviction, a 1991 voluntary manslaughter conviction (on which the superior court imposed a sentence of 12 years), and a 1994 possession of a controlled…
2Cases cited5 opinions
- In Re SmithCalifornia Supreme Court · 2008
- People v. LitmonCalifornia Court of Appeal · 2008
- People v. HayesCalifornia Court of Appeal · 2006
- People v. WhaleyCalifornia Court of Appeal · 2007
- People v. FranklinCalifornia Court of Appeal · 2003
3Cited by4 opinions
- Diamond v. Superior CourtCalifornia Court of Appeal · 2013
- People v. FosterCalifornia Supreme Court · 2019
- People v. Superior Court of Los Angeles CountyCalifornia Court of Appeal · 2016
- People v. FosterCalifornia Supreme Court · 2019