Madden v. Super. Ct.
Petitioner Vernon Madden, the defendant in a pending Sexually Violent Predator (SVP) commitment proceeding under the Sexually Violent Predators Act (SVPA), Welfare and Institutions Code section 6600 et seq.,[1]seeks a peremptory writ of mandate or prohibition compelling the superior court to (1) set aside its order denying his motion for appointment of a DNA testing laboratory, and (2) enter a new order compelling appointment of such a laboratory. The SVPA petition alleged Madden had suffered two prior convictions for sexually violent offenses. After probable cause was found to hold Madden in custody for trial on the commitment petition, Madden sought appointment of a laboratory to conduct DNA testing of the rape kits collected from the victims in those two cases. Madden argued that DNA testing would lead to admissible evidence proving he either had not committed the crimes, or that he had not committed them in the fashion described by the victims. After a lengthy series of motions and hearings below, the superior court denied the motion. Court conclude the superior court properly denied the motion for DNA testing as to one of the rape kits, but should have granted the motion in regard to the other. Accordingly, Court grant the requested relief in part.
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