In Re the Care & Treatment of Sykes

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 108,856 In the Matter of the Care and Treatment of PAUL SYKES. SYLLABUS BY THE COURT 1. Mental incompetence is not a defense in a civil action. 2. Based on the challenge in this case, the Kansas Sexually Violent Predator Act, K.S.A. 59-29a01 et seq., complies with constitutional requirements for substantive and procedural due process. 3. A respondent does not have to be mentally competent to assist in his or her own defense in order to be civilly adjudicated a sexually violent predator under the Kansas Sexually Violent Predator Act. Review of…