Friday, August 02, 2019

Page v. King, No. 17-16364 (8-2-19)(Feinerman w/Paez & Berzon). The 9th vacated a dismissal based on Younger abstention. The petitioner is facing state recommitment under the California Sexually Violent Predator. He has been awaiting trial for 13 years. In his federal habeas, he argued that (1) the delay was an extraordinary circumstance; and (2) that he was facing irreparable harm being held on an outdated and even invalid scientifically probable cause determination. 

The 9th found the delay, by itself, is not an extraordinary circumstance. However, he is facing possible irreparable harm. The pretrial determination cannot be vindicated and cannot impact the actual trial. The Younger abstention is vacated on the irreparable harm issue.

The decision is here:


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