Baughman v. Commonwealth of Virginia (Va. 2022)
In an unpublished opinion, the Supreme Court of Virginia finds reversible error in the trial court, noting that SVPA probable cause hearings require that an expert witness conducting a mental health examination be “designated by the Commissioner” and concluding that the introduction of expert testimony by a mental health professional retained by the Commonwealth, who was not designated by the Commissioner, prejudiced Appellant and had a “substantial influence” on the outcome of the proceeding.
People v. Kastman (Ill. 2022)
Supreme Court of Illinois affirmed lower court decision granting motion for civilly committed individual on conditional release who sought financial assistance from the Director of the Department of Corrections as his guardian.
Rick v. Harpstead (D. Minn. 2023)
Minnesota District Court grants habeas petition to individual civilly committed to Minnesota’s sex offense civil commitment program under the “actual-innocence exception” based on newly discovered evidence regarding recidivism rates and predicted “risk.”