Page

Page v. Demorales

Good Law
42 F. App'x 930
United States Court of Appeals for the Ninth CircuitAugust 1, 2002No. 00-17479; D.C. No. CV-00-03810-VRWCalifornia667 words

Opinion

Lead Opinion

MEMORANDUM *

Sammy Page appeals the judgment denying his petition for writ of habeas corpus. The district court certified for appeal Page’s claim that civil commitment proceedings pursuant to California’s Sexually Violent Predators Act (“California’s SVPA”) would violate the Double Jeopardy Clause. We affirm.

Sammy Page is a serial rapist who has been repeatedly incarcerated for crimes spanning three decades. Page was scheduled to be released on parole in 1997. One month before his scheduled release date, the state filed a petition seeking Page’s civil commitment under California’s SVPA. See Welf. & Inst.Code, § 6600 et seq. The state court found probable cause for Page to stand trial on the civil commitment proceedings. Page is currently in custody at a state mental hospital awaiting trial under California’s SVPA.

The district court noted that pre-trial habeas relief is generally precluded by Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971), which requires federal courts to abstain from interfering with pending state proceedings. However, the court recognized that Younger does not prohibit pre-trial habeas review when the petitioner raises a colorable…

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