Legal Opinion

O'Hara v. State

Missouri Court of Appeals

Decided January 25, 2011No. SD 30135PublishedCited by 5 opinions

1Opinion of the Court

DANIEL E. SCOTT, Chief Judge.

Charles O’Hara challenges the sufficiency of the evidence to support his commitment under the sexually violent predator (“SVP”) law. 1 We affirm.

The State’s two-pronged burden at trial was to show that O’Hara (1) has a congenital or acquired condition affecting his emotional or volitional capacity that predisposes him to commit sexually violent offenses to a degree that causes him serious difficulty controlling his behavior; and (2) is more likely than not to engage in predatory acts of sexual violence if not confined. Martineau v. State, 242 S.W.3d 456, 458…

2Cases cited4 opinions

  1. Washington Ex Rel. Washington v. Barnes HospitalSupreme Court of Missouri · 1995
  2. Lee v. HilerMissouri Court of Appeals · 2004
  3. Lacy v. Federal MogulMissouri Court of Appeals · 2009
  4. Martineau v. StateMissouri Court of Appeals · 2007

3Cited by5 opinions

  1. Bradley v. StateMissouri Court of Appeals · 2018
  2. In re the Care & Treatment of MorganMissouri Court of Appeals · 2013
  3. State v. FrazierMissouri Court of Appeals · 2013
  4. In re Care & Treatment of NelsonMissouri Court of Appeals · 2012
  5. IN THE MATTER OF: THE CARE AND TREATMENT OF WILLIAM BOUGHTON, a/k/a WILLIAM E. BOUGHTON, a/k/a WILLIAM EDGAR BOUGHTON v. STATE OF MISSOURIMissouri Court of Appeals · 2014

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