in Re Commitment of Paul Keen

462 S.W.3d 524, 2015 Tex. App. LEXIS 4065, 2015 WL 1843744
CourtCourt of Appeals of Texas
DecidedApril 23, 2015
DocketNO. 09-14-00406-CV
StatusPublished
Cited by7 cases

This text of 462 S.W.3d 524 (in Re Commitment of Paul Keen) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
in Re Commitment of Paul Keen, 462 S.W.3d 524, 2015 Tex. App. LEXIS 4065, 2015 WL 1843744 (Tex. Ct. App. 2015).

Opinion

OPINION

STEVE McKEITHEN, Chief Justice

In May 2002, Paul Keen was civilly committed as a sexually violent predator. See Tex. Health & Safety Code Ann. §§ 841.001-.151 (West 2010 & Supp.2014). In July 2014, Keen filed an unauthorized petition for release. The trial court denied Keen’s petition, finding that probable cause did not exist that Keen’s behavioral abnormality had changed to the extent that he is no longer likely to engage in a predatory act of sexual violence. In two appellate issues, Keen contends that: (1) this Court has jurisdiction to consider his appeal from the denial of his petition; and (2) the trial court improperly applied the probable cause standard when denying his petition. We reverse the trial court’s judgment and remand the case for further proceedings consistent with this opinion.

Jurisdiction

In issue one, Keen argues that this Court has jurisdiction over his complaint challenging the denial of his unauthorized petition for release. Absent statutory authority, an appellate court only has jurisdiction over final judgments. Bison Bldg. Materials, Ltd. v. Aldridge, 422 S.W.3d 582, 585 (Tex.2012). A final judgment (1) disposes of all pending claims and parties; or (2) clearly and unequivocally states that it finally disposes of all claims and parties. Id.

A person committed as an SVP has a right to file with the trial court an unauthorized petition for release. Tex. Health & Safety Code Ann. § 841.122 (West 2010); In re Commitment of Fisher, 164 S.W.3d 637, 642 (Tex.2005). The trial court shall deny the unauthorized petition, without a hearing, if: (1) the petition is frivolous; (2) the petitioner previously filed an unauthorized petition and the trial court determined, on review or following a hearing, that the petition was frivolous; or (3) the petitioner previously filed an unauthorized petitiqn and the trial court found, on review or following a hearing, that “petitioner’s behavioral abnormality had not changed to the extent that the petitioner was no longer likely to engage in a predatory act of sexual violence.” Tex. Health & Safety Code Ann. § 841.123(c)(2)(B) (West 2010). The trial court is not required to deny a petition “if probable cause exists to believe that the petitioner’s behavioral abnormality has changed to the extent that the petitioner is no longer likely to engage in a predatory act of sexual violence.” Id. § 841.123(d). If probable cause is found, the trial court must hold a *526 hearing and the State and petitioner both receive an immediate right to examination of the petitioner by an expert. Id. § 841.124(a), (b) (West 2010). At the hearing, the State must “prove beyond a reasonable doubt that the petitioner’s behavioral abnormality has not changed to the extent that the petitioner is no longer likely to engage in a predatory act of sexual violence.” Id. § 841.124(d).

The denial of Keen’s unauthorized petition concluded a discrete phase of the SVP proceeding. The sole issue before the trial court was whether Keen demonstrated grounds for his release. See id. § 841.123(c), (d). The trial court disposed of this issue by finding that “probable cause does not exist that the behavioral abnormality of PAUL KEEN has changed to the extent that he is no longer likely to engage in a predatory act of sexual violence.” The trial court expressly “ORDERED that the unauthorized petition for release from civil commitment filed herein by the committed person, PAUL KEEN, is in all things DENIED.” There were no parties before the trial court other than Keen and the State. Because the' trial court’s order disposed of all pending claims and parties presented by Keen’s unauthorized petition for release, there was nothing left for the trial court to resolve with respect to Keen’s petition. See Am. Gen. Fire & Cas. Co. v. Vandewater, 907 S.W.2d 491, 493 (Tex.1995) (“Since the trial court judgment disposed of all parties and the one issue that was before it, it is a final judgment which may be reviewed on appeal.”). Because the trial court’s order constitutes an appealable final judgment, we have jurisdiction to consider Keen’s complaint. See Aldridge, 422 S.W.3d at 585. We sustain issue one.

Denial of Unauthorized Petition for Release

In issue two, Keen challenges the denial of his petition on grounds that section 841.123 required the trial court to determine whether Keen’s petition was frivolous and not whether probable cause existed to believe that his behavioral abnormality had changed to the extent that he is no longer likely to engage in a predatory act of sexual violence. We review statutory construction issues de novo. Molinet v. Kimbrell, 356 S.W.3d 407, 411 (Tex.2011). We construe the statute to give effect to the Legislature’s intent. Id. “The plain meaning of the text is the best expression of legislative intent unless a different meaning is apparent from the context or the plain meaning leads to absurd or nonsensical results.” Id.

In this case, the plain language of section 841.123(c) gives the trial court authority to deny an initial petition for unauthorized release if the petition is frivolous. Tex. Health & Safety Code Ann. § 841.123(c). Keen’s petition for unauthorized release is the first that he filed; thus, whether Keen’s petition was frivolous is the stándard the trial court should have applied. See id. A petition is “frivolous” when it lacks a legal basis or legal merit. Black’s Law Dictionary 692 (8th ed.2004).

Attached to Keen’s petition was a report from psychologist Stephen A. Thorne, dated October 2013. Thorne conducted the Hare Psychopathy Checklist— Revised, which placed Keen in the low range of psychopathic characteristics. Keen’s score on the Static-99R placed him in the moderate to high risk for re-offense. Thorne stated that Keen meets the criteria for unspecified paraphilic disorder, victim of non-parental child sexual abuse, and unspecified personality disorder. He identified Keen’s risk factors: (1) sexually deviant behavior with multiple young male victims, including stranger victims and undocumented victims, (2) commission of of *527 fenses after his initial punishment and while under mandatory supervision, (3) fascination with young males, (4) grooming behavior, and (5) violation of the terms of his civil commitment. Thorne also outlined mitigating factors, including Keen’s older age, no commission of a sexual offense since 1991, no diverse criminal history, completion of sex offender treatment, lack of psychiatric difficulties, capacity to engage in age-appropriate employment and relationships, and lack of substance abuse. Thorne concluded that:

... Keen does not presently suffer from a behavioral abnormality that makes him likely to engage in a predatory act of sexual violence. Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
462 S.W.3d 524, 2015 Tex. App. LEXIS 4065, 2015 WL 1843744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-commitment-of-paul-keen-texapp-2015.