In Re the Care & Treatment of Gonzalez

Gilbert Gonzalez was found by a jury to meet the definition of a sexually violent predator (SVP) under South Carolina’s SVP Act, S.C.Code Ann. §§ 44-48-10 to -170 (Supp.2013). The Court of Appeals affirmed. In re the Care & Treatment of Gonzalez, Op. No. 2012-UP-003, 2012 WL 10826180 (S.C. Ct.App. filed Jan. 4, 2012). On certiorari, Gonzalez contends the Court of Appeals erred in affirming his SVP status because the State inappropriately asserted during closing argument that the jury could draw an adverse inference at trial from the absence of a psychiatrist Gonzalez retained to perform an…