In Re David Lucas on Habeas Corpus the People v. the Superior Cour — Kennard, J., Concurring in Part and Dissenting…

Summary

Justice Kennard agrees that the Board’s regulation defining “good cause” is invalid because it does not require a legally sufficient reason for extending custody beyond a scheduled release date. She disagrees that Lucas and Sharkey are nevertheless barred from relief by the statutory good-faith-mistake exception, reasoning that the Board could not have reasonably believed that the good-cause requirement merely repeated an earlier sexually violent predator determination. She would reverse the Court of Appeal’s judgments in both consolidated cases.