In re Care & Treatment of Easterberg

In this Kansas Sexually Violent Predator Act (KSVPA) case, Kan. Stat. Ann. 59-29a01 et seq., the Supreme Court remanded Thomas Easterberg's action seeking a petition for writ of habeas corpus, holding that there was a fact question for the district court to resolve in order to determine whether Easterberg's writ should be granted.Easterberg pled guilty to kidnapping and aggravated battery. On the sentencing guidelines journal entry of judgment for these convictions, the district court indicated that Easterberg's crimes were not sexually motivated for purposes of the Kansas Offender Registration Act, Kan. Stat. Ann. 22-4902(c)(14). Thereafter, the Attorney General's Office filed a petition seeking to involuntarily commit Easterberg as a sexually violent predator. Easterberg moved to dismiss the action, arguing that the State had no statutory basis to file the petition for his commitment. The district court denied the motion to dismiss. Easterberg then filed this original action. The Supreme Court remanded this case to the district court for a determination of whether the issue of sexual motivation was litigated in Easterberg's criminal case. If so, the State would be estopped from relegating that point in the KSVPA proceeding and Easterberg would not be eligible for involuntary commitment. If not, the KSVPA proceeding would continue. View "In re Care & Treatment of Easterberg" on Justia Law