Johannes

MEMORANDUM *

Gerald Johannes appeals the dismissal of his petition for a writ of habeas corpus following the California Court of Appeal’s overturning of a trial judge’s finding of no probable cause and issuance of an order to the trial judge to find probable cause to bind Johannes over for a civil commitment trial under California’s Sexually Violent Predator Act (“SVPA” or “SVP”), Cal. Wei. & InstCode § 6600 et seq. We affirm the dismissal.

California’s SVP statute reads in relevant part, “(a) A judge of the superior court shall review the petition and shall determine whether there is probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon his or her release.” Cal. Wei. & InstCode § 6602. Johannes argues his constitutional due process right to a probable cause hearing before a “neutral and detached fact finder” prior to civil commitment was violated when the California Court of Appeal overturned the superior court’s finding that there was no probable cause to bind him over for civil commitment proceedings. Respondent argues this court should abstain from reviewing the petition because Johannes…