West Virginia v. Myers
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Defendant Stanley Myers appealed an order of the circuit court that determined he was a sexually violent predator. On appeal to the Supreme Court, Defendant asserted that the trial court failed to make a statutory determination within the time frame contemplated by the governing statute. On the day after Defendant's release from prison in 2006, he registered with the State Police as a "sexual predator." As a result of an incident several years later, the State discovered Defendant was not on the "sexually violent predator" list. The State filed a motion to request Defendant be placed on the list. Upon careful review of the matter, the Supreme Court found that the trial court erred by determining, contrary to state law, that Defendant was a sexually violent predator after Defendant had completed his period of incarceration. The Court reversed the decision of the lower court.
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