Rickman v. Commonwealth

In 2003, Rickman was convicted of five counts of aggravated sexual battery, two of forcible sodomy, one of abduction of a minor, one of object sexual penetration, one of taking indecent liberties with a minor, and one of contributing to the delinquency of a minor, arising from Rickman’s abuse of his biological and step-children over several years. He was sentenced to 75 years of imprisonment with 60 years suspended. In 2015, the Commonwealth sought to have Rickman civilly committed under the Sexually Violent Predators Act, Code 37.2-900 to -921 (SVPA), which calls for a hearing within 90 days to determine whether probable cause exists. The respondent may waive a hearing and either party may request a continuance. The deadline for Rickman's probable-cause hearing was November 26. The parties exchanged emails to find an available date for the assistant attorney general, the Commonwealth’s expert, Rickman’s counsel, and the court. They settled on January 8, 2016. In an email to the assistant attorney general and court docket clerk, Rickman’s counsel acknowledged that she was available that day, but “[would] need to note an objection. Neither party sought a continuance. After November 26, Rickman unsuccessfully moved to dismiss the SVPA petition. The circuit court civilly committed Rickman. The Supreme Court of Virginia affirmed. The requirement, even if violated, does not require dismissal of the SVPA petition. The options are orders: granting a conditional, temporary release, expediting the proceeding, and disallowing evidence at the hearing. The court should make its discretionary decision by balancing any prejudice to the respondent, the length of and reasons for the delay, and any bad faith. View "Rickman v. Commonwealth" on Justia Law