390 S.W.3d 849
Mo. Ct. App.2013Background
- Appellant Jesse Parnell Rahmeyer appeals a trial court judgment committing him as a sexually violent predator (SVP) under Missouri law after a jury found him to be an SVP.
- State sought commitment on the theory Appellant suffers from a mental abnormality rendering him more likely than not to commit predatory acts of sexual violence if not confined.
- Appellant concedes his prior offenses qualify as sexually violent offenses, but challenges the sufficiency of clear and convincing evidence of a mental abnormality and of future dangerousness.
- Evidence included Dr. Franks’ diagnosis of pedophilia and paraphilia NOS and Dr. Scheu’s testimony, alongside actuarial risk assessments (Static-99R and MnSOST-R).
- The trial court admitted the evidence, denied directed-verdict motions, and committed Appellant to MDMH after the jury found him to be an SVP; the Court of Appeals reviews for submissible evidence and credibility determinations.
- The court ultimately affirmed the judgment, holding that the evidence supported both a mental abnormality and likelihood of future predatory acts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved by clear and convincing evidence Appellant is an SVP. | Rahmeyer contends the evidence failed to prove mental abnormality. | State argues the evidence, including paraphilia NOS, supports a mental abnormality. | Affirmed; sufficient evidence supports SVP finding. |
Key Cases Cited
- In re Care and Treatment of Cokes, 107 S.W.3d 317 (Mo. App. W.D. 2003) (submissible case standard for SVP determination)
- Bradshaw v. State, 375 S.W.3d 237 (Mo. App. S.D. 2012) (clear and convincing evidence required; credibility matters)
- In re Care & Treatment of A.B., 334 S.W.3d 746 (Mo. App. E.D. 2011) (each element must be proven by sufficient evidence)
- In re Nelson, 375 S.W.3d 885 (Mo. App. S.D. 2012) (defines mental abnormality and linkage to risk)