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Home / Opinions / Courts / Court of Appeals, Western District / Probate: SVP Determination-Jury Instruction-Hearsay

Probate: SVP Determination-Jury Instruction-Hearsay

Where appellant challenged the finding that he was a sexually violent predator, the trial court did not abuse its discretion in refusing to enter his proposed jury instruction limiting hearsay because the instruction failed to acknowledge that substantial portions of hearsay were admissible on other grounds, and the statements of an expert were sufficient to support a finding that the appellant met the definition of an SVP, and the judgment is affirmed because the appellant also did not show a reasonable probability that the failure to put a defense expert on the stand would have achieved a different result.

Judgment is affirmed.

In the Matter of the Care & Treatment of Ronald White v. State (MLW No. 73290/Case No. WD80827 – 20 pages) (Missouri Court of Appeals, Western District, Chapman, J.) Appealed from circuit court, Atchison County, Herron, J. (Amy Lowe, St. Louis, for appellant) (Karen Kramer, Jefferson City, for respondent).