In re Care & Treatment of Ontiberos
Annotate this CaseThis appeal arose under the Kansas Sexually Violent Predator Act (KSVPA). A civil jury declared Robert Ontiberos a sexually violent predator and determined he should be committed for treatment until he was safe for release. The court of appeals vacated the commitment and remanded for a new trial because it held that Defendant received ineffective assistance of counsel and that the State's attorney committed misconduct during the trial. The panel rejected Ontiberos' claim that the KSVPA was unconstitutional. Both sides petitioned for review with the Supreme Court. The Supreme Court reversed, holding (1) because due process guarantees a person facing civil commitment under the KSVPA a right to counsel at trial, and because that person may challenge the effectiveness of his or her trial counsel on direct appeal or under Kan. Stat. Ann. 60-1501, Ontiberos' constitutional claim lacked merit; but (2) Ontiberos' trial counsel was ineffective, and the State committed misconduct. Remanded for a new trial.
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