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In re Civil Commitment of M.X.M.

May 29, 2007

IN THE MATTER OF THE CIVIL COMMITMENT OF M.X.M. SVP NO. 328-03


On appeal from the Superior Court of New Jersey, Law Division, Civil Part, Essex County, Docket No. SVP-328-03.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 28, 2007

Before Judges Stern and A. A. Rodríguez.

M.X.M. appeals from a judgment entered on January 6, 2004 committing him "to the State of New Jersey Special Treatment Unit (STU), the secure facility designated for the custody, care and treatment of sexually violent predators," and ordering a further review hearing on December 14, 2004.*fn1

On this appeal, he argues:

POINT I M.X.M.'S INVOLUNTARY COMMITMENT UNDER THE SVPA VIOLATES THE UNITED STATES CONSTITUTION, ARTICLE I, SECTION 10, CLAUSE 1 AND NEW JERSEY CONSTITUTION ARTICLE IV, SECTION 7, PARAGRAPH 3 (EX POST FACTO CLAUSES) (Not raised below).

POINT II THE COURT ERRED IN RELYING ON HEARSAY CON-TAINED IN EXHIBITS AND THE TESTIMONY OF EXPERT WITNESSES TO MAKE FINDINGS OF FACT AND IN REACHING ITS DECISION TO INVOLUNTARILY COMMIT M.X.M. (Partially raised below).

POINT III THE STATE FAILED TO PROVE BY CLEAR AND CONVINCING EVIDENCE THAT M.X.M. SHOULD HAVE BEEN INVOLUNTARILY COMMITTED.

A. Standard of Review

B. The State failed to prove M.X.M. suffered from a mental abnormality that caused him to be predisposed to commit acts of sexual violence

C. The State failed to prove the lack of control requirement of W.Z. POINT IV THE TRIAL COURT FAILED TO ...


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