Mental Illness Litigation

Case Name: People v. O.P. , District: 3 DCA , Case #: C066319

Opinion Date: 7/13/2012    , DAR #: 9625

Case Holding:

Due   Process concerns require that Welfare and Institutions Code section 6500 (civil   commitment) be construed to contain a requirement of a finding of current   dangerousness based on evidence beyond the charges filed against a minor and the   minor's incompetence to stand trial by virtue of mental retardation. Appellant, a "mildly retarded" 13-year-old minor was charged with assault with a   deadly weapon. A court found that he was not competent to stand trial. Welfare   and Institutions Code section 6500 provides for involuntary civil commitment for   those who are mentally retarded and dangerous. Following an 11-day jury trial to   determine whether appellant should be civilly committed, the court committed   appellant to a developmental center. At trial, the court had instructed the jury   with a special instruction that essentially informed the jury that it could find   appellant "dangerous" based on the fact that he was deemed incompetent and   charged with a violent felony. Although the appeal was moot as it would be   decided beyond the commitment period, the court exercised its discretion to hear   it because it presented an issue of continuing importance. The appellate court   agreed with appellant's contention that this special instruction resulted in a   denial of due process. To withstand a due process challenge, section 6500 must   be read to contain an implicit requirement of proof of mental retardation and   current dangerousness, and the requisite link between the two. The instruction   here did not contain this essential requirement. [Editor's note: Welfare and   Institutions Code section 6500 was recently amended. The amendments included   substituting "developmental disability" for "mentally retarded."]

If you or a family member have a mental illness and is charged with a crime in California; be it a misdemeanor or a felony, you must hire an attorney with experience in handling these types of cases. Attorney George Derieg has litigated hundreds of criminal cases where the defendant had a known mental illness. It is imperative that you hire a lawyer with experience in these cases, your family member will thank you for it.

George Derieg
Attorney at Law
www.eastbayattorney.com
510-355-2747