California v. EndsleyAnnotate this Case
This case was Marc Endsley’s second appeal challenging the denial of his Penal Code section 1026.2 petition for conditional release from the state hospital. Endsley was committed to the state hospital in 1997 after a jury found him not guilty of the first degree murder of his father by reason of insanity (NGI). In his first appeal, he argued the trial court erred by summarily denying his petition without a hearing. In that case, the Court of Appeal agreed Endsley was entitled to a hearing, and in interpreting section 1026.2(l), the Court held the trial court had a duty to procure a recommendation from the state hospital on the appropriateness of release. The trial court obtained the recommendation, held a hearing, and again denied the petition. In this appeal, Endsley challenged the denial of his two prehearing requests, arguing the trial court violated his constitutional rights to testify at his hearing and to the assistance of an independent medical expert. Endsley argued the court erred by ruling on his request to testify remotely without first ensuring the selection of a confinement facility that could “continue [his] program of treatment,” as required by section 1026.2, subdivisions (b) and (c). He also argued the holding in California v. McKee, 47 Cal.4th 1172 (2010) that sexually violent predators (SVPs) had a due process right to the appointment of an independent expert to assist them in petitioning for conditional release from involuntary civil confinement should extend to NGIs seeking conditional release. After review, the Court of Appeal agreed with both of Endsley’s contentions, reversed and remanded for further proceedings.