350 S.W.3d 493
Mo. Ct. App.2011Background
- Muston endured physical/emotional abuse and sexual abuse as a child; began sexually abusing young males by age 13.
- He committed or pled guilty to multiple offenses against children, including fondling/sex with young boys from ages 9–15 and sodomy in 1994.
- Muston was incarcerated in DOC and had extensive conduct violations, including sexual offenses and assaultive acts in prison.
- Psychological evaluation diagnosed pedophilia with additional mental health issues; Static-99 score was 8 or 9, indicating high risk, with estimated 38–40% chance of reoffense in 10 years.
- Evidence showed treatment history problems and timing of offenses, leading to a trial court finding of a mental abnormality and likelihood of future predatory acts if confined; the issue on appeal concerns sufficiency of that evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that Muston will commit predatory acts if not confined | Muston argues the Static-99 adjustment invalidates risk. | State contends Static-99 plus other factors show more likely than not re-offense. | Evidence sufficient; court affirms SVP commitment. |
Key Cases Cited
- In re A.B., 334 S.W.3d 746 (Mo.App. E.D.2011) (clear and convincing standard; appellate review of SVP evidence)
- Care and Treatment of O'Hara v. State, 331 S.W.3d 319 (Mo.App. S.D.2011) (admissibility/weight of expert testimony; cannot challenge admissibility via sufficiency attack)
- Care and Treatment of Barlow v. State, 250 S.W.3d 725 (Mo.App. W.D.2008) (credibility/weight of expert testimony in SVP case)
- State v. Crawford, 68 S.W.3d 406 (Mo. banc 2002) (credibility and weight of testimony for fact-finder)
- Dunivan v. State, 247 S.W.3d 77 (Mo.App. S.D.2008) (standard of review for sufficiency in SVP context)