IN RE COMMITMENT OF FISHER

No. 04-0112.

164 S.W.3d 637 (2005)

In re COMMITMENT OF Michael FISHER.

Supreme Court of Texas.

Decided May 20, 2005.


Attorney(s) appearing for the Case

Ryan D. Clinton, Asst. Solicitor Gen., Greg Abbott, Atty. Gen., Barry Ross McBee, Edward D. Burbach, and Rafael Edward Cruz, Austin, for State.

Kenneth W. Balusek, Daniel E. Maeso, Nelda F. Williams, State Counsel for Offenders, and Kim B. Vernon, Division Director, Huntsville, for Respondent.

Autumn Lewis, Huntsville, for Amicus Curiae Special Prosecution Unit.


Chief Justice JEFFERSON delivered the opinion of the Court.

A jury determined that Michael James Fisher suffered from a behavioral abnormality that made him likely to engage in a predatory act of sexual violence, and the trial court ordered Fisher committed pursuant to the Civil Commitment of Sexually Violent Predators Act (the "Act"). The court of appeals reversed, holding that the Act was punitive, not civil, and violated Fisher's due process rights. Because we...

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