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CARE AND TREATMENT OF SCHOTTEL v. STATE

No. SC 86137.

159 S.W.3d 836 (2005)

In the Matter of the CARE AND TREATMENT OF Wilbur SCHOTTEL, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

April 12, 2005.

Attorney(s) appearing for the Case

Emmett D. Queener, Office of the Public Defender, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., David J. Hansen, Asst. Atty. Gen., Jefferson City, for Respondent.

LAURA DENVIR STITH, Judge.

Wilbur Schottel appeals the trial court's denial of his petition for release from confinement as a sexually violent predator (SVP) following an initial hearing at which the judge found that he had failed to meet his burden under section 632.498, RSMo 2000,1 of showing probable cause to believe that he is safe to be at large and will not re-offend upon release. In determining whether an SVP petitioning for release...

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