In re Care & Treatment of Ellison

The State sought to have Todd Ellison, a convicted sex offender, involuntarily committed under the Kansas Sexually Violent Predator Act. Under the Act, Ellison was entitled to a jury trial during which the State must prove its case beyond a reasonable doubt. Ellison, however, waited in jail for more than four years without a trial. The district court concluded that the delay violated Ellison’s due process rights, dismissed the action, and ordered Ellison released. A court of appeals panel reversed and remanded the case for further proceedings to more fully address the due process issue. The Supreme Court reversed the court of appeals and affirmed the order of release, holding (1) the district court did not err when it applied Barker v. Wingo to Ellison’s due process claim; and (2) the court of appeals panel erred when it concluded that the district court failed to render adequate factual findings and incorrectly based its release order solely on the length of delay. View "In re Care & Treatment of Ellison" on Justia Law