Mar. 30, 2023 – In re Kerins (1st Dist., Div. 4, A165304)

The Court of Appeal holds that the trial court did not lack jurisdiction to consider an SVP petition that was filed two days after appellant’s scheduled release date in July 2006. The court reasons that appellant’s motions to dismiss the petition were untimely filed (12 and 14 years after the filing of the petition), and, in any event, the parole board had placed a 45-day hold on appellant in 2006 and had good cause to do so under then-existing law. The court also holds that, despite the 14-year delay, appellant’s speedy trial rights were not violated, in large part because appellant was responsible for most of the delay.