Care & Treatment of Shafer v. State
Cases that cite this one
1 later published case cites this decision.
- In re the Care & Treatment of Shafer (Mo. Ct. App. 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Jamin Shafer contests the jury’s finding that he is a sexually violent predator. See sections 632.lt.80 to 632.513, RSMo 2000. He claims the jury was not properly instructed because no instruction required the jury to find that he lacked volitional capacity to control his behavior.
This claim is controlled by this Court’s decision in Thomas v. State, 74 S.W.3d 789 (Mo. banc 2002). The instruction defining “mental abnormality” must read as follows:
As used in this instruction, “mental abnormality” means a congenital or ac *820 quired condition affecting the emotional or volitional capacity that predisposes the person to commit sexually violent offenses in a degree that causes the individual serious difficulty in controlling his behavior.
Thomas at 792. The instruction in this case contained no such language.
The equal protection claim and all other claims raised by Shafer may not arise on retrial and are not discussed.
The judgment is reversed, and the case is remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.