Smith v. Commonwealth

Summary

The Supreme Court of Virginia affirmed the continued civil commitment of Dwight Keith Smith as a sexually violent predator following his fifth annual review hearing. The court held that treatment records were admissible under the modern Shopbook Rule and concluded that clear and convincing evidence supported the finding that Smith remained a sexually violent predator in need of secure inpatient treatment.

Holdings

1. The circuit court did not err in admitting Smith's treatment records as regularly prepared and maintained business records under Virginia's modern Shopbook Rule.
2. The evidence was sufficient to prove by clear and convincing evidence that Smith remained a sexually violent predator and required continued secure inpatient treatment and confinement.

Questions Presented

1. Whether the circuit court erred by admitting Smith's treatment records despite his objection that they contained inadmissible hearsay and impermissible opinions.
2. Whether the evidence was sufficient to establish by clear and convincing evidence that Smith remained a sexually violent predator and continued to require civil commitment.

Disposition

affirmed