Legal Opinion
In Re the Treatment & Care of Luckabaugh
Supreme Court of South Carolina
Decided July 22, 2002No. 25503PublishedCited by 87 opinions
1Opinion of the CourtJustice Burnett
The State appeals a lower court’s order releasing Clair Luckabaugh (“Luckabaugh”) from custody and finding the Sexually Violent Predator Act (the “Act”) unconstitutional. 1 For reasons set forth below we vacate, reverse and remand the case for further proceedings consistent with this opinion.
Factual/Procedural History
Luckabaugh was sentenced to prison in 1996 for Assault with Intent to Commit Criminal Sexual Conduct in the Third Degree of a comatose patient in bis care. His conviction was affirmed on appeal. See State v. Luckabaugh, 327 S.C. 495, 489 S.E.2d 657 (Ct.App.1997). Subsequent to…
2Cases cited70 opinions
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3Cited by87 opinions
- People v. McKeeCalifornia Supreme Court · 2010
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