Court of Appeals of Missouri, Western District, Second Division
IN THE MATTER OF THE CARE AND TREATMENT OF LESTER BRADLEY a/k/a LESTER B. BRADLEY, a/k/a LESTER BERNARD BRADLEY, Appellant,
STATE OF MISSOURI, Respondent.
FROM The Circuit Court of Jackson County, Missouri The
Honorable Mark A. Styles, Jr., Judge
Chelseá R. Mitchell, Assistant Public Defender,
Columbia, MO, Attorney for Appellant.
D. Hawley, Attorney General, and Christine Lesicko, Assistant
Attorney General, Jefferson City, MO, Attorneys for
Judges: Karen King Mitchell, Presiding Judge, and Alok Ahuja
and Edward R. Ardini, Jr., Judges
KING MITCHELL, PRESIDING JUDGE
Bradley appeals, following a jury trial, a judgment finding
him to be a sexually violent predator and committing him to
the Department of Mental Health for control, care, and
treatment. Bradley raises eight points on appeal. The first
two points challenge the trial court's denial of his
motion to dismiss based upon the court's failure to hold
a probable cause hearing within 72 hours of Bradley's
detention, as required by § 632.489. Bradley's third
and fourth points challenge the admission of testimony from
the State's expert witness Dr. Kimberly Weitl. His fifth
point challenges the sufficiency of the evidence to support
the jury's determination that Bradley is a sexually
violent predator. And his final three points raise
constitutional challenges to the Sexually Violent Predator
1. Constitutional challenges that have been addressed and
rejected by the Missouri Supreme Court do not involve fair
doubt or reasonable room for disagreement and are merely
colorable; thus, the court of appeals retains jurisdiction
over the appeal.
2. The SVPA does not violate either due process or equal
protection by failing to provide the least restrictive
3. The SVPA is civil in nature and not punitive; therefore,
it does not violate the guarantees against either double
jeopardy or ex post facto laws.
4. The SVPA does not violate either due process or equal
protection so long as the jury is instructed that
"mental abnormality" means a congenital or acquired
condition affecting the emotional or volitional capacity that
predisposes the person to commit sexually violent offenses in
a degree that causes the individual serious difficulty in
controlling his behavior.
5. The decision of a court is the law of the case for all
points presented and decided, as well as for matters that
arose prior to the first adjudication and might have been
raised but were not.
6. Authority concerns a court's power to render a
particular judgment or take a particular action in a
particular case based on the existing law, while jurisdiction
concerns a court's power to render any ...