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Tag Archives: civil commitment

Constitutional Law: Sixth Amendment-Civil Commitment-Self Representation

Where appellant claimed to have a Sixth Amendment and statutory right to proceed pro se when seeking discharge from a civil commitment, the denial of the motion is affirmed because the Sixth Amendment applies only in criminal prosecutions, and the ...

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Criminal Law: Conspiracy to Defraud the U.S.-Civil Commitment-Custody of the BOP

Defendant pleaded guilty to conspiring to defraud the United States after he was caught running a fraudulent tax-refund scheme while civilly committed to Minnesota’s Sex Offender Program. The district court sentenced defendant to 10 years in federal prison. On appeal, ...

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Probate: Civil Commitment-SVP-Voir Dire

Where appellant, who was civilly committed as a sexually violent predator, argued that the trial court abused its discretion during voir dire by prohibiting him from informing the panel about the young ages of the two children involved and from ...

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Criminal Law: Sexually Violent Predator-Civil Commitment-Ineffective Assistance of Counsel

Defendant appealed his civil commitment to the Department of Mental Health as a sexually violent predator. Defendant argued that he received ineffective assistance of counsel because his attorney failed to file an answer and object to the state’s “end-of-confinement report” ...

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Criminal Law:Civil Commitment-Expiration of Sentence-Timeliness of Commencement of Commitment Proceedings

Defendant appealed the order committing him to custody for hospitalization and mental health treatment pursuant to the statutory provision that authorized commitment for prisoners whose sentences were “about to expire”. On appeal, defendant argued that the government had not started ...

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Civil Rights: Violation of Supervised Release-Incompetency-Civil Commitment

  Defendant was found incompetent to proceed on charged violations of the conditions of his supervised release. Defendant appealed his civil commitment by the district court, challenging the sufficiency of the evidence justifying his commitment. Where mental health experts who ...

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