In re Care & Treatment of Gormon
2012 Mo. App. LEXIS 666
| Mo. Ct. App. | 2012Background
- Victim, 15, testified she was grabbed, threatened, and raped at a bus stop on Aug. 7, 1977 in St. Louis.
- Suspect drove victim to her boyfriend’s address; license plate and car details led to arrest.
- A 1972 green Delta 88 tied to Appellant’s wife; Appellant drove it during offense.
- 1978 jury convicted Appellant of rape and kidnapping; sentenced under Second Offender Act to 20 and 5 years, concurrent.
- Appellant was paroled 1985; later offenses included 1986 felonious restraint/third-degree assault and 2000 first-degree sexual misconduct.
- May 15, 2007, State filed petition to involuntarily commit Appellant as an SVP; jury found SVP; committed to DMH.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1978 rape conviction was a sexually violent offense under SVPA | Gormon | Gormon | Yes; rape qualifies as sexually violent offense under 632.480(4). |
| Whether Instruction No. 6 improperly removed the need to decide if 1978 conviction was a sexually violent offense | Gormon | Gormon | No error; verdict director proper. |
| Whether closing argument about treatment shifted burden or prejudiced verdict | Gormon | Gormon | Plain error denied; argument permissible given evidence and instructions. |
Key Cases Cited
- Turner v. State, 341 S.W.3d 750 (Mo.App. S.D. 2011) (defines SVP and mental abnormality threshold)
- Holtcamp v. State, 259 S.W.3d 537 (Mo.banc 2008) (defines sexually violent offense statute scope)
- Murrell v. State, 215 S.W.3d 96 (Mo. banc 2007) (statutory construction and SVP elements)
- In re Berg, 342 S.W.3d 374 (Mo.App. S.D. 2011) (no MAI instruction for SVP; court discretion in verdict form)
- Lewis v. State, 152 S.W.3d 325 (Mo.App. W.D. 2004) (instruction adequacy; standard of review for trials without MAI)