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Name: Brock v. Seling
Case #: 02-35444
Opinion Date: 11/22/2004
Citation: 390 Fed.3d 1088
Summary

In this habeas appeal, Brock challenged the jury instructions regarding the mental condition required to support civil commitment under the Sexually Violent Predator’s Act (SVPA), arguing that they did not satisfy the due process requirements detailed in Kansas v. Crane (2002) 534 U.S. 407. The instructions did not specify that Brock’s mental condition must be rooted in a mental abnormality apart from a personality disorder. The appellate court here denied the habeas petition. Crane does not require specific findings on the nature of the condition responsible for an SVP’s lack of control. The jury undoubtedly found that Brock’s condition evinced “serious difficulty” in controlling his behavior, and this was sufficient. Crane declined to require that the condition posing the serious difficulty be volitional.