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BERNAT v. STATE

No. SC 87415.

194 S.W.3d 863 (2006)

In the Matter of the Care and Treatment of Albert BERNAT, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

June 30, 2006.

Attorney(s) appearing for the Case

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

Jeremiah W. (Jay) Nixon, Attorney General, Trevor Bossert, Assistant Attorney General, St. Louis, for respondent.

LAURA DENVIR STITH, Judge.

Can the state draw an adverse inference against an alleged sexually violent predator when the latter cooperates with his doctors for purposes of diagnosis and treatment, but chooses not to testify at trial and the state declines to call him as a witness?

Sexually violent predator (SVP) proceedings are a special form of involuntary civil commitment. Other persons subject to involuntary commitment have a right to remain silent that...

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