Legal Opinion

Care & Treatment of Kirk v. State

Supreme Court of Missouri

Decided June 27, 2017No. SC 95752PublishedCited by 68 opinions

1Opinion of the CourtPaul C. Wilson, Judge

Following a jury trial, Carl Kirk (“Kirk”) was committed to the custody of the Department of Mental Health under the Sexually Violent Predator Act, sections 632.480 through 632.5251 (the “SVPA” or the “Act”). Kirk appealed to the court of appeals, and the court of appeals transferred the case to this Court prior to opinion on the ground that the appeal involves issues within this Court’s exclusive appellate jurisdiction as set forth in article V, section 3, of the Missouri Constitution. This Court has jurisdiction,2 and the judgment is affirmed.

Facts

Under section 632.480(5), to commit someone…

2Cases cited37 opinions

  1. Addington v. TexasSupreme Court of the United States · 1979
  2. Kansas v. HendricksSupreme Court of the United States · 1997
  3. Thummel v. KingSupreme Court of Missouri · 1978
  4. Kansas v. CraneSupreme Court of the United States · 2002
  5. Brown v. HamidSupreme Court of Missouri · 1993

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3Cited by68 opinions

  1. Grado v. StateSupreme Court of Missouri · 2018
  2. Bowers v. BowersSupreme Court of Missouri · 2018
  3. Payne v. Fiesta Corp.Missouri Court of Appeals · 2018
  4. Spence v. BNSF Ry. Co.Supreme Court of Missouri · 2018
  5. American Civil Liberties Union of Missouri and Sara E. Baker v. John R. AshcroftMissouri Court of Appeals · 2019

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