In re Burch
Annotate this CasePetitioner was convicted in 1989 of aggravated sodomy, indecent liberties with a child, and sexual exploitation of a child. More than a decade later, while Petitioner was still imprisoned on these convictions, he was found to be a sexually violent predator under the Sexually Violent Predator Act (SVPA). In 2005, Petitioner petitioned for discharge or transitional release. Following a hearing, the district court denied the petition, concluding that Petitioner failed to show probable cause that his mental abnormality had changed to the extent that he was safe to be placed in transitional release. The court of appeals affirmed. The Supreme Court affirmed, holding (1) a de novo standard of review applied to the court's denial of Petitioner's petition; (2) Petitioner bore the burden of proof in this case; and (3) Petitioner here failed to establish the requisite probable cause entitling him to a full evidentiary hearing on his petition for discharge or transitional release.
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