High Court Upholds Commitment Of Sex Offender

Impossibility defense, by the state, artfully worded! Amazing, sounds like he has grounds for resentencing.

2-12-2012 Nebraska:

LINCOLN, Neb. -- The Nebraska Supreme Court has affirmed the mental health commitment of a convicted sex offender.

The offender, referenced only as "S.C." in the appeal, was convicted in 2008 of sexual assault of a child and sentenced to five years. His sentencing stipulated he must complete a sex offender treatment program while in prison or be subject to commitment at the end of his sentence.

The offender argued in his appeal that he had been willing to undergo treatment, but was told it was available only at the Lincoln prison. He was denied a request to transfer there, because he had a relative who worked at the Lincoln prison.

The state's high court upheld his commitment, saying the offender had "no absolute right" to treatment while in prison. ..Source.. by KETV7.com

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Nebraska Supreme Court says mental health board must reconsider sex offender's commitment

Most important here is the court holding "Forced incriminating statements, cannot later be used against the person in a criminal procedure." i.e. In the Civil commitment hearing, they CANNOT used previously forced incriminating statements (Here: forced admission of guilt in order to get into sex offender therapy during a earlier period of probation).

5-14-2011 Nebraska:

LINCOLN, Neb. — A state mental health board must reconsider a case in which it ordered a convicted sex offender held for treatment following his prison sentence, under a Nebraska Supreme Court opinion issued Friday.

The state high court's decision reversed a ruling by a Dawson County District judge in the case of a man convicted in the early 1990s of sexually assaulting a 15-year-old girl.

Shortly before the man — referred to in court documents only as "A.M. Jr." — was scheduled to be released from prison in 2008, the state asked that a local mental-health board deem him a dangerous sex offender.

Using the evaluation of three state psychologists, the board concluded that A.M. was at risk of re-offending and committed him to inpatient treatment.

A.M. appealed, objecting to — among other things — the board's allowance of testimony from the psychologists about statements and other facts gathered from his 1992 third-degree sex assault conviction. A.M. was sentenced to probation in that case, but the conviction was later vacated.

Nebraska Supreme Court upholds sex offender commitment

5-20-2011 Nebraska:

LINCOLN, Neb. (AP) — A Lancaster County District court did not err in approving the mental health commitment of a convicted sex offender deemed likely to re-offend, the Nebraska Supreme Court ruled in an opinion released Friday.

The state high court's decision upheld the ruling in the case of a man convicted in 1991 of raping a woman in her home after he spotted her sunbathing on her balcony. The man — listed in court documents only as "D.H." — was to be released from prison in 2009, but a local mental health board deemed him a dangerous sex offender likely to rape again.

The board based its determination on the testimony of two psychologists who evaluated D.H. and diagnosed him with paraphilia, a psychiatric disorder marked by deviant sexual behavior, and anti-social personality disorder. Court documents show the psychologists administered several tests to D.H., and that he scored in the high-risk category for committing a future sex offense.