California Supreme Court

Ardell Moore, Petitioner v. the Superior Court of Los Angeles County, Respondent; the People, Rea — Moreno, J…

August 19, 201050 Cal. 4th 802

Summary

The opinion is a dissent arguing that due process requires a person facing commitment under the Sexually Violent Predator Act to be competent to understand the proceeding and meaningfully assist counsel. It would apply the governing procedural-balance factors and conclude that the substantial liberty, accuracy, and dignitary interests outweigh the asserted public-safety and administrative concerns. The dissent would also permit courts to use existing competency procedures to fill the statutory gap.