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In re Civil Commitment of S.H.A.

July 2, 2008

IN THE MATTER OF THE CIVIL COMMITMENT OF S.H.A., SVP-315-03


On appeal from Superior Court of New Jersey, Law Division, Essex County, SVP-315-03.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 24, 2008

Before Judges Axelrad, Payne and Sapp-Peterson.

S.H.A. appeals from his civil commitment, on January 30, 2006, pursuant to the New Jersey Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. S.H.A. had initially been committed by order dated August 11, 2003. However, upon appeal, we reversed the initial commitment order and remanded the matter for further proceedings as the result of evidentiary deficiencies in the initial hearing. In the Matter of S.H.A., No. A-6702-02T2 (April 29, 2005). The case was thereupon assigned to Judge Freedman, who reached the same determination as had the first judge, following a second hearing. This appeal ensued.

On appeal, S.H.A. raises the following arguments:

POINT I

THE STATE FAILED TO PROVE BY CLEAR AND CONVINCING EVIDENCE THAT APPELLANT WAS SUBJECT TO COMMITMENT AS A SEXUALLY VIOLENT PREDATOR. (U.S. Const. Amend. XIV; N.J. Const. (1947) Art. I, Par. 1) (Partially Raised Below)

A. The State Failed to Proffer the Testimony of a Treating Psychiatrist.

B. The State's Proofs Were Insufficient as a Matter of Law.

C. The State Failed to Provide Clear and Convincing Evidence of A Present Serious Difficulty In Controlling Sexually Violent Behavior.

POINT II

THE TERMS AND IMPLEMENTATION OF NEW JERSEY'S SVPA DENIED APPELLANT'S RIGHTS TO SUBSTANTIVE AND PROCEDURAL DUE PROCESS, AS WELL AS EQUAL PROTECTION AND CONFRONTATION. (U.S. Const. Amend. VI, XIV; ...


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