Ruben R. Herrera v. Brandon Price
DueProcess FifthAmendment
Whether petitioner's pre-trial detention violates his Fifth and Fourteenth Amendment rights against double jeopardy and due process
QUESTION(S) PRESENTED CLAIMS FOR RELIEF , A. CLAIM ONE: PETITIONER'S PRE-TRIAL DETENTION AGAINST HIS : FIFTH AND AND FOURTEENTH AMENDMENT RIGHT AGAINS DOUBLE JEOPARDY. 1. Because of the Doctrine of Collateral Estoppel and the . Constitution's Prohibition agains Double Jeopardy, the State is Precluded from Seeking Petitioner's commitment. 2. 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. : . 1. The State's Breach of Petitioner's Plea Agreement Violated His Right to Due Process and the cause of His Unconstitut: ional Detention. 2. California's Arbitrary and Capricious Application of the SVPA Violates Petitioner's Right to Due Process , , ii