In re Commitment of Moore

Respondent was found by a jury to be a sexually violent person under the Sexually Violent Persons Commitment Act and was ordered to be committed to institutional care at a secure facility. Respondent appealed arguing that the trial court committed plain error by failing to conduct a proper polling of the jury, trial counsel was ineffective, the trial court erred in denying defendant’s motion in limine, the trial court erred in granting the State’s motion to vacate, and the State was judicially estopped from arguing that past non-sexual crimes were evidence of a pattern of behavior. The appellate court affirmed, finding that defendant failed to provide any evidence of juror dissent that would have been uncovered by polling the jury individually, that any ineffective assistance of counsel did not cause prejudice, the trial court correctly denied defendant’s motion in limine, and the trial court did not err in the admission of evidence. (MOORE And BARBERIS, concurring)