Matter of State of New York v. Donald DD

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In these two matters, the State commenced civil commitment proceedings against Kenneth T. and Donald DD under N.Y. Mental Hyg. Law 10. After trials were held in both cases, it was found that the men had a condition, disease or disorder that prdisposed them to the commission of conduct constituting a sex offense and resulted in their having serious difficulty in controlling such conduct. Following dispositional hearings, both men were ordered to be confined. The Court of Appeals reversed in both cases, holding (1) the evidence was legally insufficient to support the conclusion that Kenneth T.’s mental conditions resulted in his having serious difficulty in controlling conduct constituting a sex offense; and (2) in Donald DD’s case, Supreme Court erred in using a diagnosis of antisocial personality disorder, together with testimony concerning Donald DD’s sex crimes, but without evidence of some independent mental abnormality diagnosis, to ground a finding of mental abnormality within the meaning of article 10. View "Matter of State of New York v. Donald DD" on Justia Law