Criminal Law: Sexually Violent Predator-Civil Commitment-Ineffective Assistance of Counsel

Defendant appealed his civil commitment to the Department of Mental Health as a sexually violent predator. Defendant argued that he received ineffective assistance of counsel because his attorney failed to file an answer and object to the state’s “end-of-confinement report” author and erred by presenting evidence of defendant’s prior SVP commitment proceeding. Defendant further argued that the trial court erroneously refused to receive an exhibit.

Where objection to the state’s expert would have been non-meritorious and where defendant’s prior SVP commitment proceeding demonstrated that there was disagreement among state officials whether defendant qualified as a sexually violent predator, counsel’s alleged deficiencies did not prejudice defendant where they represented reasonable trial strategy.

Judgment is affirmed.

In the Matter of the Care and Treatment of Bohannon (MLW No. 73404/Case No. SD35087 – 10 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Appealed from Circuit Court, Laclede County, Jackson, J. (Amy Elizabeth Lowe, St. Louis, for appellant) (Daniel Neal McPherson, Jefferson City, for Respondent)