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Home / Opinion Digests / Criminal Law / No Burden-Shifting In SVP Statute (access required)

No Burden-Shifting In SVP Statute (access required)

A circuit court erred when, after determining appellant is a sexually violent predator, it shifted the burden of proof back to appellant to show that he satisfies the criteria for conditional release; because the burden of proof does not shift, the Supreme Court of Virginia reverses the circuit court judgment and remands for further proceedings. Appellant ...