No. 18-7220

Pashtoon Farooqi v. California

Lower Court: California
Docketed: 2019-01-03
Status: Denied
Type: IFP
IFP
Tags: bill-of-attainder civil-commitment civil-rights constitutional-challenge due-process hearsay-evidence jury-instruction mental-disorder sexually-violent-predator vagueness
Key Terms:
DueProcess Privacy
Latest Conference: 2019-03-01
Question Presented (from Petition)

Does the California version of its Sexually Violent Predators Act (SVPA) violate the precedents of this Court, and is it therefore unconstitutional?

Has the State of California, through its Department of State Hospitals, departed from professional standards to such a degree that SVPA civil commitment is legislatively-approved unconstitutional punishment? (Seling v. Young, 531 U.S. 250, 265 (2001); Foucha v. Louisiana, 504 U.S. 71, 82-83 (1992).)

Is the California version of its SVPA void for vagueness because it invites "more unpredictability and, arbitrariness"? (Sessions v. Demaya, 584 U.S. , 138 S.Ct. 1204, 1223-1234 (2018).)

Is the California SVPA an unconstitutional Bill of Attainder? (Patchat v. Zinke, - U.S. -' 138 S.Ct. 897 (2018); Nixon v. Administrator of General Services, 433 U.S. 425, 475-476 (1977).)

Under California law, the prosecution's expert witness cannot relate case-specific facts asserted in hearsay statements. (People v. Sanchez (2016) 63 Ca1.4th 665.) The admission of this evidence in petitioner's civil commitment trial also violated Crawford v. Washington, 541 U.S. 36, 53-56 (2004), which prejudiced this petitioner. Do these violations require reversal of petitioner's indefinite involuntary civil commitment on Constitutional grounds?

6. a. Does the State of California's departure from professional standards require reversal and dismissal in this case by this Court because of insufficient evidence to find petitioner was a sexually violent predator who suffered from an actual "diagnosed mental disorder"?

b. Did the State of California's denial of a jury instruction (a unanimous jury finding where multiple acts are argued in the alternative to constitute a single crithe)—requiring the finding of the "mental disorder that predisposed [petitioner] to commit sexually violent behavior"—deny petitioner his rights to Due Process of Law and a jury trial? (Richardson v. United States, 526 U.S. 813, 816-817 (1999); Schad v. Arizona, 501 U.S. 624, 634, fn 5 (1991).)

c. In the circumstances of this case, should petitioner's civil commitment be reversed because of an impermissibly vague jury instruction (i.e., CALCRIM No. 3454)?

Question Presented (AI Summary)

Does the California version of its Sexually Violent Predators Act (SVPA) violate the precedents of this Court, and is it therefore unconstitutional?

Docket Entries

2019-03-04
Petition DENIED.
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2018-12-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 4, 2019)
2018-12-19
Application (18A646) granted by Justice Kagan extending the time to file until January 11, 2019.
2018-12-10
Application (18A646) to extend the time to file a petition for a writ of certiorari from December 11, 2018 to January 11, 2019, submitted to Justice Kagan.

Attorneys

Pashtoon Farooqi
Pashtoon Farooqi — Petitioner