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    • Jury Trial Delays - Conservatorship of Joanne R.
    • Conservatorship of Hofferber- criminal incompetence and LPS
    • "Discretionary abuse" Conservatorship of G.H.
    • In re Elizabeth R- LPS Conserved Parent with a concurrent dependency case
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    • Conservatorship of Smith and strange behaviour
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4/30/2022

comments on the Supreme Court opinion- Conservatorship of E.B.

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A few comments on the Supreme Court opinion on Conservatorship of E.B. (2020) 45 Cal.App.5th 986
 
This section shall address some contentions that pro treatment advocates may hold with this opinion’s points. Another will review the case in its entirety. 
 
Most pro treatment advocates aver that LPS and criminal defendants are not similarly situated as the basis for court involvement differs; one being for the punishment and the other for treatment. However, as recent court cases have come out, there is a shifting of some aspects of criminal due process rights being afforded to LPS conservatees.
 
For each appeal, when applying the equal protection analysis, the appellant need not show whether conservatees are similarly situated for all purposes, but whether they are similarly situated for purposes of the [specific area of] law challenged. People v. Valencia (2017) 3 Cal.5th 347, 376. Simply stated, through the process of various appeals small aspects of criminal law may or may not be integrated into LPS practice. It is done issue by issue slowly over a period of years.
 
 
Now turning to this case of whether LPS Conservatees should be considered similarly situated to NGRI’s (which for many pro treatment advocates is too close to criminal defendants) proponents against this argue that the historic purpose of the privilege against being called as a witness has been to assure that the criminal justice system remains accusatorial, not inquisitorial”. LPS Conservatorship hearings are not “accusatorial”. However, many patient right’s groups such as DRC contend that LPS Conservatees face risk of indefinite state sanctioned confinement as LPS Conservatorship can be renewed annually.
 
Conservatorship of Roulet, 23 Cal.3d 219, 152 Cal. Rptr. 425, 590 P.2d 1 (Cal. 1979)
-“an unbroken and indefinite period of state-sanctioned confinement. "The theoretical maximum period of detention is life as successive petitions may be filed”
 
Pro treatment advocates may cite that this almost never happens but in this specific opinion the Supreme court cites to county data that suggests
 
In San Francisco, for example, almost 38 percent of LPS conservatorships, excluding Murphy conservatorships, had been extended for 10 years or more as of December 2018. (San Francisco Analyst’s Report, supra, at p. A-9.) An additional 23 percent had been extended from five to 10 years. (Ibid.)
 
Pro treatment advocates may rebut and state that legal authority ought not base opinions that have binding effects across all counties on just one county’s data. They could possibly state that any extension of criminal privileges to an area outside the criminal justice system, LPS Conservatorship, would contravene both the language and purpose of the privilege as the privilege was intended to be used in the scope of the original legal area it appears in.
 
However, the Supreme Court had decided on this and stated that “Thus, in practice, traditional LPS conservatorships can impose substantially the same restraint on liberty as involuntary commitments connected to criminal proceedings”. Because we cannot change their opinions on this issue at this time, pro treatment advocates must turn to the second prong; showing whether harmless error applies.
 
There are many nuances as to whether Federal harmless error standard applies under Chapman v. California (1967) 386 U.S. 18, 23–24 or state law harmless error standards under People v. Watson (1956) 46 Cal.2d 818, 837 applies. However, for most LPS appeals they rely on People v. Watson which weighs the evidence against the error made and determines whether it was reasonably probable the appellant would have obtained a more favorable outcome had the error not occurred.
 
 
Treatment advocates should be aware that showing that in the totality of the circumstances, the conservatee’s testimony would not have materially affected the outcome of the trial as the doctor’s testimony and family statements evidence a long history of grave disability, noncompliance, and repeat hospitalizations. In the original trial, the conservatee in this case was gravely disabled enough that both the appellate court and the trial court found that the harmless error standard was met as the conservatee would have been found gravely disabled in light of his compelled testimony. However, the case was heard all the way up to the CA supreme court as it directly contravened Conservatorship of Bryan S. (2019) 42 Cal.App.5th 190, 19 which had been the primary authority on this subject matter until now.
 
Also other issues may be heard on appeal on the basis that despite LPS Conservatorship being terminated by the time the appeal is heard, the issue at hand is capable of repetition yet evad[es] review.
 
 

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© 2017 LPS Conserved   ALL RIGHTS RESERVED.
  • LPS CONSERVATORSHIPS FOR THE GRAVELY DISABLED
    • LPS Conservatorship Court Overview >
      • Public Conservator >
        • Los Angeles Public Guardian
        • CONSERVATORSHIP INVESTIGATION REPORT
        • CAREER >
          • Continuing Education
          • Public Conservator County Numbers '16
          • San Diego Public Conservator '19
        • LPS Conservatorship for Dependent Parents and Minors
      • WHY ARE LPS CONSERVATORSHIP AND PROBATE CONSERVATORSHIPS DIFFERENT
      • Court of Appeals >
        • In re Ben C- Wende Brief no issue writ
      • Trial Court Transcript
      • Conservatorship Legal Documents
      • INITIAL INVOLUNTARY PROCEEDINGS >
        • Grave Disability >
          • Present Grave Disability
        • Venue
        • Conservator's Bond
        • When the Conservatee Goes AWOL
        • Involuntary Commitment
        • Conservatorship Factors
        • Riese Hearing >
          • Riese Hearing
        • Supplemental Security Income/ SSI >
          • Applying for SSI
          • Documents for SSI
          • Process and Appeal
          • Award Letter
          • Rep Payee
          • SSI Amounts 2018/2019
  • LPS Conservatorship Case Law
    • THE ABSOLUTE STATE OF THE COURT OF APPEALS
    • Conservatorship of Isaac O- court report omission and jurisdiction
    • Disparate Treatment- Conservatorship of E.B
    • Conservatorship of KW- hearsay and jury instructions
    • Peremptory Challenges and Conservatorship of Gordon
    • Conservatorship of Sorenson privacy rights and LPS matters
    • Imposition of special disabilities- Conservatorship of Walker
    • Continuing Jurisdiction/Jury Instruction and Conservatorship of McKeown
    • Hearsay and conservatorship of Manton
    • Conservatorship of the Person of S.A.
    • Writ of Habeas Corpus burden of proof
    • Conservatorship of Roulet- burden of proof
    • Special disabilities and due process- Conservatorship of K.G and Donna H.
    • Conservatorship of Davis and Third party assistance
    • Marsden hearings/ due process Conservatorship of David
    • Conservatorship of Torres and admissibility
    • Jury Instruction and Conservatorship of Law
    • Conservatorship of George H- jury instruction
    • Public Conservator's Exclusive Power to Initiate LPS Conservatorship Kaplan v. Superior Court
    • Constitutionality of LPS conservatorship- Conservatorship of Delay
    • Investigation report- Conservatorship of Ivey
    • Conservatorship of Jesse G
    • Grave Disability Standard and Jury trial notice Conservatorship of Benvenuto
    • Conservatorship of Kennebrew vs Conservatorship of Karriker
    • Jury Trial Delays - Conservatorship of Joanne R.
    • Conservatorship of Hofferber- criminal incompetence and LPS
    • "Discretionary abuse" Conservatorship of G.H.
    • In re Elizabeth R- LPS Conserved Parent with a concurrent dependency case
    • Conservatorship of C.O. - Waiver of Jury Trial
    • Conservatorship of Smith and strange behaviour
    • Jury Trials- ​Conservatorship of Jose B
    • Conservatorship of Baber and Double jeopardy and third party evidence >
      • WIP- Conservatorship of Tedesco
      • Conservatorship of Symington (1989)
      • Effective Counsel
      • Faretta and Marsden
      • Exceptions: Third Party Evidence
      • Exclusionary Rule WIP
      • Fifth Amendment Rights
  • LIFETIME PROHIBITOR WELF & INST CODE § 8103 SUBD. (F)(1)(B) 18 U.S.C. § 922 (G) (4)
    • CA MHRS >
      • Armed and Prohibited Person System
    • National Instant Criminal Background Check System (NICS)
    • Registration
  • For LPS Conservatees
    • RIGHT TO APPEAR IN COURT
    • JUDICIAL REVIEW >
      • WRIT OF HABEAS CORPUS
    • NOTICE
    • MEDICATION
    • PLAN OF CARE IF DISCHARGED
    • RIGHT TO COUNSEL
  • BUILDING A STRONG CASE FOR CONSERVATORSHIP
    • POWERS OF CONSERVATOR >
      • Placement Powers
      • Medication powers
    • WHY ONLY THE PUBLIC CONSERVATOR IS ALLOWED TO FILE FOR LPS CONSERVATORSHIP
    • SERVING AS CONSERVATOR
    • DSM V DIAGNOSIS LIMITS
    • CONSERVATEE INTERVIEW
    • HISTORY OF DECOMPENSATION AND LACK OF INSIGHT
    • WRAPPING IT ALL TOGETHER AND CREATING THE NEXUS BETWEEN SYMPTOMS, HISTORY, COMPLIANCE, THIRD PARTY ASSISTANCE TO PROOF OF CURRENT GRAVE DISABILITY BEYOND A REASONABLE DOUBT
  • JUVENILE DEPENDENCY
    • FAST TRACK DEPENDENCY
    • DEPENDENCY APPEALS
    • DETENTION
    • JURISDICTION DISPOSITION (JURIS/DISPO)
    • §366.26 Hearing: Selection and Implementation
    • 730 Evaluators
    • Case Plan
  • New Updates
    • Right to Choose