State v. Stout

¶34 (concurring) — Although I concur in the result reached by the majority, I am disturbed by the majority’s attempt to sever the right to confrontation from the right to cross-examination in determining what process is due in a sexually violent predator (SVP) proceeding. I agree with the majority that the confrontation clause does not mandate a right of confrontation in civil proceedings. However, the right to be heard and to confront witnesses is considered fundamental to a fair trial, even in the civil context, where an important right is at stake. Morrissey v. Brewer, 408 U.S. 471, 92 S.…