In Re AB
334 S.W.3d 746
| Mo. Ct. App. | 2011Background
- Appellant, A.B., appeals a probate court conviction for commitment as a sexually violent predator (SVP) to secure confinement in DMH.
- The State presented testimony from multiple victims (E.D., C.B., M.D., J.C., K.R., M.R.) and expert witnesses (Drs. Scott, Hoberman, Neufeld).
- Dr. Scott diagnosed pedophilia and deemed it a mental abnormality but concluded Appellant was not more likely than not to re-offend if not confined.
- Dr. Hoberman diagnosed pedophilia, used SVR-20 risk assessment, and concluded Appellant is more likely than not to re-offend if not confined.
- Dr. Neufeld did not find a mental abnormality but concluded Appellant is not more likely than not to re-offend based on STATIC-99; his conclusion on the second prong was deemed irrelevant due to lack of mental abnormality.
- The jury found Appellant is an SVP and the probate court ordered commitment, which the appeal challenges on sufficiency grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence clearly and convincingly shows Appellant is more likely than not to re-offend if not confined. | A.B. argues insufficient evidence; relies on Scott/Neufeld; asserts Hoberman's method relies on emotion and misapplies data. | The State contends Hoberman's SVR-20-based testimony, along with victim history, supports likelihood of re-offense. | Yes; sufficient clear and convincing evidence supports likelihood of re-offense. |
Key Cases Cited
- Holtcamp v. State, 259 S.W.3d 537 (Mo.banc 2008) (defines SVP standard and two-prong test for commitment)
- In re Van Orden, 271 S.W.3d 579 (Mo.banc 2008) (clarifies appellate review in SVP cases; weight of evidence not reweighed on appeal)
- In re Barlow, 250 S.W.3d 725 (Mo.App. W.D.2008) (discusses sufficiency standard in SVP determinations)
- In re Dunivan, 247 S.W.3d 77 (Mo.App. S.D.2008) (addresses standard of review and admissibility of expert testimony)
