In Re the Care & Treatment of Spencer
In Re the Care & Treatment of Spencer
Opinion of the Court
I.
The State of Missouri petitioned the probate division of the circuit court seeking to confine Mr. Spencer as a sexually violent predator (SVP), and following a jury trial he was committed to the Department of Mental Health (DMH) for control, care, and treatment as a SVP.
II.
Mr. Spencer’s first claim of error is that the trial court abused its discretion when overruling his objection to prevent the State from cross-examining Dr. John Rabun, the psychiatrist testifying on his behalf, with regard to the United States Supreme Court opinion in Kansas v. Crane.
The State argues that this line of questioning was appropriate because Dr. Ra-bun testified that as a board certified forensic psychiatrist he must stay abreast of current changes in the law. Dr. Rabun testified that recent decisions by the United States and Missouri Supreme Courts, including the case of Kansas v. Crane, had resulted in his conclusion that pedophilia no longer qualified as a mental abnormality under Missouri law.
“It is well established that the extent and scope of cross-examination in a civil action is within the discretion of the trial court and will not be disturbed unless an abuse of discretion is clearly shown.”
III.
Mr. Spencer also claims the court erred by allowing the trial to proceed to judgment utilizing the revised definition the word “predatory.”
The State argues that section 1.150 was intended to preserve substantive rights vested prior to the repeal of a statute under which the rights were acquired and that it does not apply to remedies or procedures.
The State is correct in that the jury’s determination rests on whether the person having the mental abnormality is more likely to commit future acts of predatory sexual violence. Consequently, whether Mr. Spencer’s past behavior fit the prior or revised definition of “predatory” is irrelevant.
IV.
Mr. Spencer also claims an equal protection violation when the probate court disallowed consideration of less restrictive alternatives to the “secure confinement” of those adjudicated as SVPs.
V.
The judgment is affirmed.
. Sections 632.480 to 632.513. All statutory references are to RSMo 2000 unless other
. 534 U.S. 407, 122 S.Ct. 867, 151 L.Ed.2d 856 (2002).
. Nelson v. Waxman, 9 S.W.3d 601, 604 (Mo. banc 2000).
. Hancock v. Shook, 100 S.W.3d 786, 795 (Mo. banc 2003).
. Section 1.150 provides: “When a law repealing a former law, clause or provision is itself repealed, it does not revive the former law, clause or provision, unless it is otherwise expressly provided; nor shall any law repealing any former law, clause or provision abate, annul or in any wise affect any proceedings had or commenced under or by virtue of the law so repealed, but the same is as effectual and shall be proceeded on to final judgment and termination as if the repealing law had not passed, unless it is otherwise expressly provided.’’ See also, City of Kirkwood v. Allen, 399 S.W.2d 30, 35 (Mo. banc 1966); Atchison v. Retirement Board of Police Retirement System of Kansas City, 343 S.W.2d 25 (Mo. banc 1960).
. Section 632.480(3).
. Section 632.480(3) RSMo Cum.Supp.2001.
. See article I, section 13; Allen, 399 S.W.2d at 35-36.
. Moreover, the original definition of the word "predatory” subsumes the second. Acts "directed towards strangers or individuals with whom relationships have been established or promoted for the primary purpose of victimization” necessarily includes family members regardless of legislature’s perceived need to amend the specific language of this provision. There is no substantive difference between the two definitions.
.See section 632.495.
Concurring Opinion
concurring.
For the reasons expressed in In the Matter of the Care and Treatment of Michael G. Norton, 123 S.W.3d 170 (Mo. banc 2003) (No. SC 85538, decided December 23, 2003), I concur.
Reference
- Full Case Name
- In the Matter of the CARE AND TREATMENT OF Nelvin SPENCER, Appellant
- Cited By
- 14 cases
- Status
- Published