Ruben R. Herrera v. Brandon Price
CLAIMS FOR RELIEF
A. CLAIM ONE: PETITIONER'S PRE-TRIAL DETENTION AGAINST HIS FIFTH AND AND FOURTEENTH AMENDMENT RIGHT AGAINS DOUBLE JEOPARDY.
Because of the Doctrine of Collateral Estoppel and the Constitution's Prohibition agains Double Jeopardy, the State is Precluded from Seeking Petitioner's commitment. Petitioner Has a Right to be Free From Double Jeopardy during the Adjudication of His SVP petition.
B CLAIM TWO: PETITIONER'S PRE-TRIAL DETENTION VIOLATES HIS RIGHT to DUE PROCESS.
The State's Breach of Petitioner's Plea Agreement Violated His Right to Due Process and the cause of His Unconstitutional Detention. California's Arbitrary and Capricious Application of the SVPA Violates Petitioner's Right to Due Process
Whether petitioner's pre-trial detention violates his Fifth and Fourteenth Amendment rights against double jeopardy and due process