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IN RE ONTIBEROS

No. 100,362.

287 P.3d 855 (2012)

In the Matter of the Care and Treatment of Robert C. ONTIBEROS.

Supreme Court of Kansas.

August 17, 2012.

Attorney(s) appearing for the Case

Michael P. Whalen, of Law Office of Michael P. Whalen, of Wichita, argued the cause and was on the briefs for appellant.

Kristafer R. Ailslieger, deputy solicitor general, argued the cause, and Marc Bennett, special assistant attorney general, and Derek Schmidt, attorney general, were on the briefs for appellee.

The opinion of the court was delivered by BILES, J.:

This appeal arises under the Kansas Sexually Violent Predator Act (KSVPA), K.S.A. 59-29a01 et seq. A civil jury declared Robert Ontiberos a sexually violent predator and determined he should be committed for treatment until he is safe for release. The Court of Appeals vacated the commitment and remanded for a new trial because it held that Ontiberos received ineffective assistance of counsel and that the...

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