22 results for 'cat:"Sex Offender" AND cat:"Commitment"'.
J. Singh finds that the lower court improperly found defendant does not suffer from a mental abnormality that predisposes him to commit sexual offenses by conflating legal standards in its assessments of the state's case. Further, the court improperly relied upon extra-record psychological research on several important issues, such as the effect of opioid use on sexual offending without notifying the parties. Reversed.
Court: New York Appellate Divisions, Judge: Singh, Filed On: April 23, 2024, Case #: 02158, Categories: sex Offender, commitment
J. Miller finds the trial court properly ordered defendant to be civilly committed as a sexually violent predator, as none of the cases defendant cites trumps the fact that he was found to have violated multiple aspects of his plea agreement that conditionally suspended civil commitment. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: March 13, 2024, Case #: 22-2047, Categories: sex Offender, commitment
J. Curran finds that the appellate division properly held that assigning sex offender risk classification to two defendants was not premature since each likely faced civil confinement rather than community release upon completing their prison terms. Classification is required by law 30 days before release, which occurs when a sex offender no longer remains confined to state prison, regardless of the possibility of future confinement under mental hygiene rules for sex offender management. Affirmed.
Court: New York Court Of Appeals, Judge: Curran, Filed On: February 22, 2024, Case #: 09, Categories: Sentencing, sex Offender, commitment
J. Hoyle finds the trial court properly adjudicated defendant a sexually violent predator, signing an order of civil commitment. Defendant has pleaded guilty to multiple counts of sexually predatory acts upon children, ranging in age from 7 to 11 years old, and having various disabilities. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: February 22, 2024, Case #: 12-23-00240-CV, Categories: Evidence, sex Offender, commitment
J. Quattlebaum finds the lower court properly dismissed the sexually dangerous person's petition. He was civilly committed as a sexually dangerous person after completing his sentence for child pornography charges. While civilly committed, he was convicted of and sentenced for two separate federal crimes and served prison terms for those sentences. His civil commitment continued following those criminal sentences as it should have because he was never declared not a sexually dangerous person. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: February 14, 2024, Case #: 22-6338, Categories: sex Offender, commitment, Child Pornography
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Per curiam, the court of appeals finds the trial court properly ordered psychoactive medication be involuntarily administered to the state hospital patient. The patient was found to be incompetent to stand trial on charges of aggravated sexual assault of a child, kidnapping and forced prostitution. The attending doctor filed the application to administer psychoactive medication because the patient suffers from schizoaffective bipolar disorder and refused to voluntarily take the prescribed antipsychotic. The patient lacks the capacity to make the decision and the medication is in his best interest. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: January 31, 2024, Case #: 12-23-00260-CV, Categories: sex Offender, Kidnapping, commitment
J. Lavin finds that the lower court properly found defendant, age 70, a sexually violent person and committed him to a secure facility. The record shows that defendant did not object to the state's repeated continuances, so he was not denied a speedy trial. Further, the state's Sexually Violent Person petition was timely, as it could not be filed until defendant's prison term was over. Affirmed.
Court: Illinois Appellate Court, Judge: Lavin, Filed On: December 26, 2023, Case #: 220168, Categories: sex Offender, commitment
Per curiam, the court of appeals denies the petition for mandamus seeking relief from an order denying the petitioner's request for release from his civil commitment as a sexually violent predator. The record shows he is a vexatious litigant, subject to a prefiling order prohibiting him from proceeding in the appeals court pro se without obtaining the permission of the appropriate local administrative judge.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: December 14, 2023, Case #: 09-23-00324-CV, Categories: sex Offender, commitment
J. Guerrero finds the court of appeals improperly rejected defendant's argument the state hospital's certification of his return to competency ended his commitment within the 2-year statutory period. Defendant was charged with multiple sexually violent offenses and was designated for competency determination and restoration. He did not receive a court hearing on the hospital's determination of competence within the 2-year period due to Covid-19 delays and his incompetency commitment did not end with the mere filing of the certificate of restoration. Reversed.
Court: California Supreme Court, Judge: Guerrero , Filed On: December 14, 2023, Case #: S272129, Categories: Competence, sex Offender, commitment
J. Wilkinson finds the lower court properly denied the defendant's motion for release from civil commitment under the Adam Walsh Act. The defendant, convicted of various crimes involving the sexual exploitation of minors, was civilly committed at the end of his 20-year sentence because the government found him to be sexually dangerous. The defendant seeking to be released told a psychologist that he did not believe pubescent boys were children and that sex with a pubescent boy was not abuse. The defendant failed to provide evidence that he is no longer sexually dangerous. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: December 12, 2023, Case #: 22-6118, Categories: sex Offender, commitment, Child Victims
J. Tufte finds that the district court properly denied an individual's request for discharge from civil commitment. The individual was convicted of gross sexual imposition and indecent exposure, and was twice convicted of sexual assault. There is clear and convincing evidence that the individual has serious difficulty controlling his behavior based on both his past and present conduct. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: November 24, 2023, Case #: 2023ND218, Categories: sex Offender, commitment
Per curiam, the Fifth Circuit finds the district court properly denied due process claims brought by the committed sexually violent predator who was transferred to a civil commitment center after his arrest for indecent exposure. Though the patient had agreed to participate in an outpatient program allowing for the gradual introduction of certain offenders into the community, the commitment office issued an emergency detention order. The state had an interest in acting quickly to protect the community. Unlike the criminal parolee in a cited case, the patient had consented to reside where instructed according to the program, and a procedural balancing test favors commitment. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 6, 2023, Case #: 21-20450, Categories: sex Offender, commitment
Per curiam, the appellate division finds that the lower court properly ordered the sex offender committed to a secure facility. The state presented clear and convincing evidence that the offender suffers from a mental abnormality and will continue to commit sex offenses if released. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 4, 2023, Case #: 05003, Categories: sex Offender, commitment
J. Schumacher finds that defendant was properly committed as a sexually violent predator for sexually assaulting the victim in his car after picking her up at a club because he twice failed sex offender treatment while incarcerated, repeatedly exposed himself to female corrections officers, and was written up 12 times for indecent exposure. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: September 13, 2023, Case #: 22-1606, Categories: sex Offender, commitment
J. Golemon finds the trial court properly civilly committed defendant for sex-offender treatment and supervision. The forensic psychologist with expertise in sex offender risk assessment diagnosed the 75-year-old defendant with pedophilic disorder and unspecified personality disorder with anti-social traits. Defendant has admitted to multiple sexual assaults of male and female children, having been arrested for the offenses multiple times beginning when he was in his twenties. The jury found defendant to be a sexually violent predator beyond a reasonable doubt and the Ninth District will not substitute its determination. Evidence shown that is contrary to the finding is insignificant against the whole record, and all statutory elements are met. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: August 24, 2023, Case #: 09-21-00232-CV, Categories: sex Offender, commitment, Child Victims
J. Carr finds that defendant was properly committed as a sexually violent predator because evidence indicated he consistently abused his half sisters as well as strangers and that he suffered a mental abnormality justifying commitment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: July 26, 2023, Case #: 22-0855, Categories: sex Offender, commitment
J. Golemon finds the trial court properly determined that defendant is a sexually violent predator, civilly committing him. The record shows that the evidence, including other, separate convictions for indecency with a child, was factually sufficient to support commitment. The jury heard expert testimony that defendant suffers from a behavioral abnormality as well as defendant's testimony that he does not pose a risk of reoffending. The Ninth District does not usurp the jury’s role to determine witness credibility, or the weight given the testimony. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: June 29, 2023, Case #: 09-22-00278-CV, Categories: Evidence, sex Offender, commitment
J. Owens dismisses defendant's appeal from his conviction for abusive sexual contact of a child under age twelve. Defendant claimed that he was not informed that his plea could potentially lead to "subsequent civil commitment, community notification, and geographic restrictions on his residence and workplace." The panel held that defendant's plea was knowing and voluntary.
Court: 9th Circuit, Judge: Owens, Filed On: June 20, 2023, Case #: 21-10320, Categories: sex Offender, Plea, commitment
J. Crothers finds that the district court properly denied defendant's petition for discharge from commitment as a sexually dangerous individual. Defendant was incarcerated after a conviction for gross sexual imposition in 1996. The lower court was correct in holding that defendant has serious difficulty controlling his behavior. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: June 1, 2023, Case #: 2023ND99, Categories: sex Offender, commitment
J. Jensen finds that the district court properly determined that defendant has serious difficulty controlling his behavior after he was placed in civil commitment as a sexually dangerous individual. However, the court exceeded it's authority under North Dakota Century Code. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: May 30, 2023, Case #: 2023ND100, Categories: sex Offender, commitment
J. Worthen finds the trial court properly adjudicated defendant a sexually violent predator, committing him for treatment and supervision. Defendant is currently serving 18 years for aggravated sexual assault of a child and was previously incarcerated for the same. The forensic psychologist testified that defendant is of a high likelihood to reoffend, suffering from abnormal paraphilic disorder, aroused by post-pubescent girls. Though defense objected to the state’s use of the phrase “reasonable degree of scientific certainty,” it was overruled, being that no authority has adjudicated the standard impermissible. The admission was not harmful considering the record evidence as a whole. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: May 10, 2023, Case #: 12-22-00282-CV, Categories: sex Offender, commitment, Child Victims