People v. LaBlanc
238 Cal. App. 4th 1059
| Cal. Ct. App. | 2015Background
- LaBlanc, an SVP, petitioned for unconditional discharge under former § 6608(a); trial court denied as frivolous.
- Defendant historically raped multiple victims in Colorado and California; committed to Coalinga State Hospital under SVPA since 1996.
- Alumbaugh opined defendant’s paraphilic coercive disorder is questionable and aging/illness reduce reoffense risk; she noted health and diagnostic issues in prior reports.
- The court concluded the petition was frivolous and denied further hearing, relying on the jury verdict and perceived ongoing danger.
- The appellate court reverses, orders an evidentiary hearing on discharge, and denies disqualification of the trial judge on remand.
- The dissent argues treatment refusal reflects no change in condition and would sustain denial on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petition is nonfrivolous due to contested diagnosis | LaBlanc’s petition rests on nonfrivolous challenge to paraphilic coercive disorder | LaBlanc argues prior diagnosis and risk assessments are invalid or unsettled | Nonfrivolous; requires evidentiary hearing on discharge |
| Whether aging/health evidence constitutes changed circumstances | Alumbaugh’s aging/health data show reduced risk of reoffense | Age alone does not show change without hearing | Colorable showing of changed circumstances; remand for evidentiary hearing |
| Whether treatment refusal bars change in condition | Refusal to participate in treatment does not automatically foreclose changed condition | Treatment refusal undermines likelihood of change | Not dispositive; needs full evidentiary hearing on remand |
| Whether remand should reassign to a different judge | 170.1(c) warrants reassignment if bias appears | No demonstrated bias; reassignment unnecessary | Disqualification denied; remand to hearing before same judge |
Key Cases Cited
- People v. Collins, 110 Cal.App.4th 340 (Cal. Ct. App. 2003) (frivolousness standard applies to § 6608 proceedings)
- People v. Reynolds, 181 Cal.App.4th 1402 (Cal. Ct. App. 2010) (threshold frivolousness review for § 6608, not a full merits inquiry)
- People v. McKee, 47 Cal.4th 1172 (Cal. 2010) (frivolous petition standard; precludes meritless petitions)
- People v. Olsen, 229 Cal.App.4th 981 (Cal. Ct. App. 2014) (treatment relevance; remand for proper frivolousness analysis)
- Hubbart v. Superior Court, 19 Cal.4th 1138 (Cal. 1999) (SVPA context; limits on interpretations of mental illness in commitment)