Gibson v. Commonwealth

The Commonwealth filed a petition requesting the circuit court to hold that Donald Gibson was a sexually violent predator pursuant to the Civil Commitment of Sexually Violent Predators Act. After a trial, the jury found that Gibson was a sexually violent predator. Upon determining Gibson’s suitability for conditional release, the circuit court shifted the burden of proof to Gibson to demonstrate that he satisfied the criteria for conditional release. The court subsequently concluded that Gibson did not meet the criteria for conditional release and ordered that Gibson be committed to the custody of the Department of Behavioral Health and Developmental Services for appropriate treatment and confinement. The Supreme Court reversed, holding that the circuit court erred by requiring Gibson to bear the burden of proof to establish that he satisfied the criteria for conditional release. Remanded. View "Gibson v. Commonwealth" on Justia Law