In re Detention of New
992 N.E.2d 519
Ill. App. Ct.2013Background
- New was subjected to SVP Act commitment after a jury found him a sexually violent person and he was committed to a treatment facility.
- Three experts testified for the State (Fogel and Brucker) and one for New (Witherspoon); the State relied on a paraphilia diagnosis not explicitly listed in DSM categories.
- Fogel diagnosed paraphilia not otherwise specified, sexually attracted to early pubescent males; Brucker diagnosed paraphilia with additional disorders; Witherspoon offered a contrasting view that paraphilia not otherwise specified is not a generally accepted diagnosis.
- New moved for a Frye hearing asserting the paraphilia diagnosis was novel and not generally accepted; the State conceded controversy over the diagnosis.
- The trial court did not hold a Frye hearing; New appealed asserting error in the admissibility of the diagnosis and other SVP Act issues.
- The appellate court reversed and remanded for a Frye hearing to determine the admissibility of the diagnosis, with potential retrial if needed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Frye hearing was required for the diagnosis | New: diagnosis not generally accepted | State: diagnosis is admissible without Frye | Frye hearing required; remand for Frye hearing |
| Whether unpleaded diagnoses created prejudice | New: variance prejudicial | State: no prejudice from unpleaded diagnoses | No reversible error; no prejudice shown |
| Whether the SVP Act is unconstitutional as applied | New: challenged application in Cook County | State: presumptively valid | Procedurally defaulted; court declining to reach merits |
| Whether evidence at trial supported commitment given remand | New: remand could affect sufficiency | State: evidence supports commitment | Not addressed on merits; case remanded for Frye hearing |
Key Cases Cited
- In re Commitment of Simons, 213 Ill. 2d 523 (2004) (Frye standard applied to expert testimony in SVP context)
- People v. McKown, 236 Ill. 2d 278 (2010) (general acceptance proof for expert testimony)
- In re Bailey, 317 Ill. App. 3d 1072 (2000) (definition of substantial probability; appellate standard in SVP)