240 Cal. App. 4th 654
Cal. Ct. App.2015Background
- SVPA allows commitment when two evaluators concur a person is likely to commit sexually violent acts without treatment or custody.
- Troyer has a long SVP history with multiple predicate offenses and prior commitments since 1998.
- DSH/DMH evaluations were sought to recommit Troyer; four post-Starrett/Thomas-Riddle evaluations were produced.
- Two later evaluations conflicted, with some opinions copied from prior reports-raising concern of independence.
- Trial court dismissed the recommitment petition on a material legal error theory grounded in copying; People sought writ review.
- Supreme Court remanded to consider whether the copying constitutes material legal error under Ghilotti and to proceed accordingly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether copying from prior reports constitutes material legal error | People argue copying is not material legal error | Troyer contends copying shows lack of independent judgment | No material legal error shown on face of reports; remand for proper analysis |
| Whether Ghilotti allows pre-hearing review for material legal error | Ghilotti permits review for legal error | Ghilotti applies only to post-review contexts | Ghilotti governs; court must review for material legal error on face of reports |
| Whether the petition was properly dismissed at preliminary stage | Petition should be dismissed only if material legal error present | Error must appear on face of reports; not established | Remand to evaluate reports for material legal error; decision reversed |
| Whether the designation of evaluators was properly reviewed | Designation issue remains pending | Designation not essential at this stage | Remand directs assessment under Ghilotti framework; designation issue preserved |
Key Cases Cited
- People v. Superior Court (Ghilotti), 27 Cal.4th 888 (Cal. 2002) (limited preliminary review for material legal error; review on face of reports)
- Reilly v. Superior Court, 57 Cal.4th 641 (Cal. 2013) ( APA protocol validity and materiality in evaluating reports)
- People v. Castillo, 49 Cal.4th 145 (Cal. 2010) (recognizes supervisory authority over SVP petitions)