Virginia Supreme Court Rejects Constitutional Challenges to Sexually Violent Predator Commitment Law

Shivaee v. Commonwealth, 613 S.E.2d 570 (Va. 2005)

The U.S. Supreme Court in Kansas v. Hendricks, 521 U.S. 346 (1997), and Kansas v. Crane, 534 U.S. 407 (2002), defused most federal constitutional challenges to the civil commitment of sexual offenders under the sexually violent predator (SVP) statutes enacted by many states in recent years.  State constitutions could, nevertheless, provide an alternative basis for challenging these enactments.

Found in DMHL Volume 25 Issue 1

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Lay Testimony to Support an Insanity Defense Permitted Only When Accompanied by Expert Testimony; Testimony by Licensed Clinical Social Worker Excluded

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Showing That a Father Poses a Serious Risk of Psychological or Emotional Harm to His Children Is a Sufficient Basis to Award Custody to Grandparents; Ruling Not Disturbed