In re Care & Treatment of ThomasAnnotate this Case
In 1996, Kodi Thomas was convicted of attempted rape and aggravated burglary. A civil jury later declared Thomas to be a sexually violent predator under the Kansas Sexually Violent Predator Act subject to civil commitment. The court of appeals affirmed. Thomas appealed, arguing that the district court erred by permitting the State’s experts to testify about hearsay statements contained within his treatment records and by erroneously instructing the jury on the State’s burden of proof. The Supreme Court affirmed, holding (1) Thomas failed to preserve the hearsay issue for appeal; and (2) the instructional error was harmless.