People v. Superior Court
192 Cal. App. 4th 1352
| Cal. Ct. App. | 2011Background
- George Bradie Salter, Jr. pled no contest to attempted murder for kidnapping, stabbing, and throat-cutting, and was imprisoned with a 10-year sentence.
- Salter was paroled in 2007 and, in 2008, returned to prison for a parole violation after exposing himself to two teenage girls.
- While confined, Salter was identified as a potential mentally disordered offender (MDO) and referred to Atascadero State Hospital for evaluation under § 2960 et seq.
- Atascadero’s medical director recommended involuntary treatment under § 2970; two experts disagreed on Salter’s need for continued treatment.
- In August 2010, the acting medical director changed the hospital’s position, recommending against civil commitment, prompting Salter’s attorney to move to dismiss the petition.
- The trial court granted the motion to dismiss, and the People petitioned for a writ of mandate seeking a trial on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Salter is entitled to a jury trial in MDO recommitment proceedings | People: trial by jury is required to resolve conflicting medical opinions. | Salter: civil MDO proceedings do not require a jury trial and could be resolved on summary judgment. | A jury trial is required. |
| Whether the petition for involuntary treatment was properly dismissed based on the director’s changed recommendation | People: the director’s evaluation supported continued commitment; dismissal was improper. | Salter: the changed recommendation justified dismissal under § 2970. | Dismissal was improper; trial on the merits required. |
| Whether summary judgment procedures apply to MDO proceedings | People: summary judgment is inappropriate in MDO cases; must proceed to trial. | Salter: summary judgment could resolve the matter without trial. | Summary judgment does not apply; trial compelled. |
| Whether the People’ s petition conformed with § 2970 prerequisites | People: petition supported by proper statutory evaluation of remission status. | Salter: petition lacked persistence of medical director’s ongoing stance. | Not dispositive here; requires merits trial to determine remission and danger. |
Key Cases Cited
- People v. Superior Court (Myers), 50 Cal.App.4th 826 (1996) (MDO framework and remission-based termination)
- People v. Clark, 82 Cal.App.4th 1072 (2000) (criteria for involuntary treatment under MDO)
- Gray v. Superior Court, 95 Cal.App.4th 322 (2002) (proceedings proceed to trial after probable cause)
- McKee, 47 Cal.4th 1172 (2010) (MDO and SVP proceedings are similarly situated)
- Marchman, 145 Cal.App.4th 79 (2006) (DA cannot initiate recommitment without director’s non-remission finding)
- Cuccia v. Superior Court, 153 Cal.App.4th 347 (2007) (presumption against end runs around statutory process)
- Bagration v. Superior Court, 110 Cal.App.4th 1677 (2003) (SVP proceedings cannot be decided via summary procedure)
- People v. Cosgrove, 100 Cal.App.4th 1266 (2002) (prohibition on using civil trial procedures in MDO proceedings)