In Re David Lucas on Habeas Corpus the People v. the Superior Court of Los Angeles County, Respondent Christopher…

Summary

The court held that the regulation defining “good cause” for a 45-day custody hold was invalid because it required evidence that an inmate might be a sexually violent predator rather than evidence justifying delay beyond the scheduled release date. Nevertheless, the court held that the Board’s reliance on the regulation constituted an excusable good faith mistake of law, so the SVP petitions were not subject to dismissal and the judgments below were affirmed. Justice Kennard, concurring in part and dissenting in part, agreed that the regulation was invalid but would have reversed because the Board’s reliance was not a good faith mistake of law.