P. v. Glenn
James Roy Glenn was adjudged a sexually violent predator under the Sexually Violent Predator Act, Welfare and Institutions Code section 6600 et seq. (SVPA),[1] and was placed in involuntary commitment for an indeterminate term. Glenn was 82 years old at the time of trial in early 2008. He appealed, and later filed a petition for writ of habeas corpus also challenging the order of commitment. We issued an order to show cause and consolidated the writ petition with the appeal. We later issued an opinion affirming the order of commitment and denying the writ petition. (People v. Glenn (2009) 178 Cal.App.4th 778, review granted Feb. 10, 2010, S178140 (Glenn I).)
The California Supreme Court granted Glenn’s petition for review and deferred further action in the matter pending consideration and disposition of People v. McKee (2010) 47 Cal.4th 1172 (McKee I). After issuing its opinion in McKee I, the California Supreme Court issued an order transferring this case back to us with directions to vacate our opinion and to reconsider the cause in light of McKee I. The Supreme Court further ordered: “In order to avoid an unnecessary multiplicity of proceedings, the court is additionally directed to suspend further proceedings pending finality of the proceedings on remand in McKee [I] [citation], including any proceeding in the Superior Court of San Diego County in which McKee may be consolidated with related matters.â€
Division One of the Fourth Appellate District of the Court of Appeal subsequently issued its opinion in People v. McKee (2012) 207 Cal.App.4th 1325 (McKee II). After the California Supreme Court denied review of McKee II, we issued an order lifting the suspension of proceedings in this matter and inviting the parties to submit supplemental letter briefs addressing the effect of McKee I on Glenn’s equal protection claim. Having considered the supplemental letter briefs, we now reject Glenn’s equal protection claim. Our opinion includes issues and arguments addressed in Glenn I because the California Supreme Court ordered us to vacate that opinion. We again affirm the order of commitment and deny the petition for writ of habeas corpus.
Comments on P. v. Glenn