Seeboth v. Mayberg, et al., No. 09-15330 (9th Cir. 2011)
Annotate this CaseOver the course of more than 30 years, petitioner was convicted of crimes involving deviant sexual acts with children. After a series of unsuccessful appeals and postconviction procedures, petitioner filed a federal habeas petition on February 7, 2008. The district court denied his habeas petition and petitioner appealed. During the course of the proceedings, California adopted Proposition 83, which changed the commitment term for sexually violent predators from renewable two-year periods to an indeterminate period. On appeal, petitioner contended that his federal due process rights were violated because he was held under the Sexually Violent Predators Act, Cal. Welf. & Ins. Code 6600-6609.3. The court held that because the only relief petitioner sought was release from custody, and because petitioner was not in civil commitment for an indeterminate term based on a proceeding that was legitimately commenced and the result of which was not challenged in this appeal, the appeal was moot.
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