Care & Treatment of Shafer v. State
This text of 100 S.W.3d 819 (Care & Treatment of Shafer v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Jamin Shafer contests the jury’s finding that he is a sexually violent predator. See sections 632.lt.80 to 632.513, RSMo 2000. He claims the jury was not properly instructed because no instruction required the jury to find that he lacked volitional capacity to control his behavior.
This claim is controlled by this Court’s decision in Thomas v. State, 74 S.W.3d 789 (Mo. banc 2002). The instruction defining “mental abnormality” must read as follows:
As used in this instruction, “mental abnormality” means a congenital or ac *820 quired condition affecting the emotional or volitional capacity that predisposes the person to commit sexually violent offenses in a degree that causes the individual serious difficulty in controlling his behavior.
Thomas at 792. The instruction in this case contained no such language.
The equal protection claim and all other claims raised by Shafer may not arise on retrial and are not discussed.
The judgment is reversed, and the case is remanded.
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100 S.W.3d 819, 2003 Mo. LEXIS 55, 2003 WL 1706746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/care-treatment-of-shafer-v-state-mo-2003.