In Re the Care & Treatment of Williams

I respectfully dissent from the majority opinion, which continues to deny basic evidentiary safeguards when a judge or jury is making the determination of whether a person is a sexually violent predator. Involuntary commitment under K.S.A. 59-29a01 et seq. requires the State to meet the highest of burdens and should afford those accused the greatest protections that the law allows. For the reasons stated in my dissenting opinion in In re Care & Treatment of Miller, 289 Kan. 218, 232-33, 201 P.3d 625 (2009), I would hold that the court cannot consider dismissed charges of criminal wrongdoing…