In re Care & Treatment of Kirk

Carl Kirk was committed to the custody of the Department of Mental Health under the Sexually Violent Predator Act (SVPA), Mo. Rev. Stat. 632.480 through 632.525. On appeal, the court of appeals transferred the case to the Supreme Court on the ground that the appeal involved issues within the Supreme Court’s exclusive appellate jurisdiction as set forth in Mo. Const. art. V, section 3. The Supreme Court affirmed, holding (1) the issues raised in this case did not fall within the Supreme Court’s exclusive appellate jurisdiction, and even thought he court of appeals erred in transferring the case, the Supreme Court granted transfer prior to opinion pursuant to Rule 83.01 and therefore had jurisdiction; (2) the SVPA, among other things, evidences no punitive intent and violates no constitutional prohibits against ex post facto laws, and the standard of proof required under the SVPA and employed in Kirk’s case is not unconstitutional; and (3) Kirk’s remaining claims of error were unavailing. View "In re Care & Treatment of Kirk" on Justia Law