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In re Stoneham

232 Cal.App.2d 337 (Cal. Ct. App. 1965)
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In re Stoneham

5 Citing cases

  1. In re Bevill

    68 Cal.2d 854 (Cal. 1968)   Cited 52 times
    Finding an inmate's commitment as a mentally disordered sex offender to be invalid because the portion of the statute under which he had been convicted was later declared unconstitutional

    [2] Conviction of a crime is prerequisite to commitment as a mentally disordered sex offender. ( In re Stoneham, 232 Cal.App.2d 337, 340-341 [ 42 Cal.Rptr. 741] .)

  2. Wilson v. Blabon

    370 F.2d 997 (9th Cir. 1967)   Cited 10 times
    In Wilson v. Blabon (9th Cir. 1967) 370 F.2d 997, the petitioner sought habeas corpus to obtain discharge from his commitment on the ground that his misdemeanor conviction was invalid.

    One California court has said, it is true, that "conviction of a criminal offense is a sine qua non for procedure." [In re Stoneham, 232 Cal.App.2d 337, 341, 42 Cal.Rptr. 741, 744 (1965).] But California's Supreme Court has construed ยง 5501(a) to mean that the criminal conviction which is the sine qua non need not be one that is final. [Thurmond v. Superior Court, supra, 49 Cal.2d 17, 314 P.2d 6.]

  3. People v. O'Lea

    17 Cal.App.3d 834 (Cal. Ct. App. 1971)   Cited 2 times

    "Conviction of a crime is prerequisite to commitment as a mentally disordered sex offender. ( In re Stoneham, 232 Cal.App.2d 337, 340-341 [ 42 Cal.Rptr. 741].) But proceedings for commitment are civil in nature and are collateral to the criminal proceedings.

  4. In re Brown

    275 Cal.App.2d 537 (Cal. Ct. App. 1969)   Cited 3 times

    Habeas corpus is a proper procedural vehicle for this purpose. ( In re Bevill, 68 Cal.2d 854, 858 [ 69 Cal.Rptr. 599, 442 P.2d 679]; In re Stoneham, 232 Cal.App.2d 337 [ 42 Cal.Rptr. 741].) In this part of section 5512, Welfare and Institutions Code (fourth unnumbered paragraph), in reference to the commitment, the word "indefinite" is used.

  5. In re Krieger

    272 Cal.App.2d 886 (Cal. Ct. App. 1969)   Cited 7 times

    ( Wilson v. Blabon (9th Cir. 1967) 370 F.2d 997, vacated 393 U.S. 20 [21 L.Ed.2d 19, 89 S.Ct. 49], discussed and considered by the court in In re Bevill, 68 Cal.2d 854, 859 [ 69 Cal.Rptr. 599, 442 P.2d 679].) However, In re Stoneham (1965) 232 Cal.App.2d 337, 340-341 [ 42 Cal.Rptr. 741] was available for guidance. The precise function of affidavits attached to a return or response to an order to show cause in a habeas corpus proceeding does not appear to have been spelled out by California cases.