375 S.W.3d 237
Mo. Ct. App.2012Background
- Bradshaw appeals a trial court judgment committing him as a sexually violent predator under the SVP Act.
- The jury found Bradshaw to be an SVP, triggering commitment to the Missouri Department of Mental Health.
- Bradshaw has a long history of sexual offenses against underage females and received treatment for sexual offending.
- Experts diagnosed Bradshaw with paraphilia, not otherwise specified (with hebephilia implications), antisocial personality disorder, and cannabis abuse.
- Dr. Scott linked paraphilia and antisocial personality disorder to Bradshaw’s history of offenses and risk of future violence.
- Bradshaw’s experts offered competing views on hebephilia; the State argued for a higher risk assessment, while Bradshaw contested the diagnosis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of mental abnormality evidence | Bradshaw contests hebephilia as a valid mental abnormality. | Bradshaw’s mental abnormalities (paraphilia NOS and antisocial PD) show risk. | Evidence supports a mental abnormality and SVP finding. |
| Reliability/credibility of expert testimony | Disputed experts’ methods and diagnoses undermine the SVP determination. | Court should not reweigh credibility; testimony supports SVP. | Court allowed reliance on Scott and Weitl; substantial evidence supports SVP. |
Key Cases Cited
- In re A.B., 334 S.W.3d 746 (Mo.App. E.D.2011) (guidance on SVP standard and evidentiary review)
- In re Berg, 342 S.W.3d 374 (Mo.App. S.D.2011) (link between paraphilia and past sexually violent behavior)
- In re Care and Treatment of Burgess, 147 S.W.3d 822 (Mo.App. S.D.2004) (relation of antisocial personality disorder to SVP criteria)
- In re Care and Treatment of Cokes, 107 S.W.3d 317 (Mo.App. W.D.2003) (submissible case and standard of review for SVP)
- In re Care and Treatment of Donaldson, 214 S.W.3d 331 (Mo. banc 2007) (antisocial personality disorder as mental abnormality when linked to sexual violence)
- In re Shafer, 171 S.W.3d 768 (Mo.App. S.D.2005) (link between antisocial PD and sexually violent behavior)
- Murrell v. State, 215 S.W.3d 96 (Mo. banc 2007) (paraphilia as mental abnormality linked to past behavior)
- Kansas v. Hendricks, 521 U.S. 346 (S. Ct. 1997) (foundations of civil commitment for dangerous individuals)
- North Carolina v. Alford, 400 U.S. 25 (S. Ct. 1970) (Alford plea allowing guilty plea while not admitting acts)
- Muston, 350 S.W.3d 493 (Mo.App. S.D.2011) (admissibility of expert testimony when foundation questioned)