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IN RE TREATMENT AND CARE OF LUCKABAUGH

No. 25503.

351 S.C. 122 (2002)

568 S.E.2d 338

In the Matter of the TREATMENT AND CARE OF Clair LUCKABAUGH, Respondent.

Supreme Court of South Carolina.

Decided July 22, 2002.

Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Deputy Attorney General Treva Ashworth, Senior Assistant Attorney General Kenneth P. Woodington and Assistant Attorney General Steven G. Heckler, all of Columbia, for appellant.

Andrew J. Savage, III, of Savage & Savage, of Charleston; and Cain Denny, of Charleston, for respondent.

Justice BURNETT.

The State appeals a lower court's order releasing Clair Luckabaugh ("Luckabaugh") from custody and finding the Sexually Violent Predator Act (the "Act") unconstitutional.1 For reasons set forth below we vacate, reverse and remand the case for further proceedings consistent with this opinion.

FACTUAL/PROCEDURAL HISTORY

Luckabaugh was sentenced to prison in 1996 for Assault with Intent to Commit Criminal...

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