In re Care & Treatment of Cone video
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The Supreme Court affirmed the decision of the court of appeals affirming Matthew Cone’s involuntary commitment under the Kansas Sexually Violent Predator Act (SVPA), Kan. Stat. Ann. 59-29a01 et seq., holding that there was no error or abuse of discretion in the proceedings.
On appeal, Cone asserted that the district court abused its discretion in finding that the Static-99R and Static-2002R actuarial tools used to estimate sex offenders’ risk of reoffending met the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), standard for admissibility of expert testimony and that the evidence was insufficient to support the jury’s verdict that he was a sexually violent predator under the SVPA. The Supreme Court affirmed, holding (1) the district court did not err in admitting the results of the Static-99R test and Static-2002R test as meeting the reliability standard under Daubert; and (2) there was sufficient evidence to support the jury’s verdict.
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