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Criminal

Dec. 16, 2015

State high court clarifies proper hearsay use in mentally disordered offender hearings

Last week, the California Supreme Court said an expert could not rely on hearsay reports to prove a defendant committed a commitment offense under the state's Mentally Disordered Offender Act. By Frank Loo

Frank M. Loo

San Bernardino Public Defender's Office

Frank is a former civil attorney and prosecutor. His opinions are his own and not of any other entity.

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By Frank Loo

Last week, in People v. Stevens, 2015 DJDAR 13187 (Dec. 10, 2015), the California Supreme Court said an expert could not rely on hearsay reports to prove a defendant committed a commitment offense under the state's Mentally Disordered Offender Act.

The MDO act authorizes civil commitment during parole if certain conditions are met. It "requires that an offender convicted of a specified felony related to a severe mental ...

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