IN RE: the Care and Treatment of Bryan HARNESS (2021)

Missouri Court of Appeals, Western District.

IN RE: the Care and Treatment of Bryan HARNESS, a/k/a Bryan O. Harness, a/k/a Bryan Odin Harness, Appellant, v. STATE of Missouri, Respondent.

WD 83708

Decided: September 14, 2021

Before Division Four: Cynthia L. Martin, Chief Judge, Presiding, Gary D. Witt, Judge and Edward R. Ardini,, Jr., Judge

Amy E. Lowe, St. Louis, MO, for appellant. Julia E. Rives, Jefferson City, MO, for respondent.

ORDER

Bryan Harness appeals from the judgment of the Circuit Court of Jackson County, Missouri, civilly committing him to the Missouri Department of Mental Health as a sexually violent predator (“SVP”). On appeal, Harness claims that: (1) his trial counsel was constitutionally ineffective in failing to argue his learning disability and neurocognitive defect as the reasons that Harness appeared to have not been fully engaged in his sex offender treatment while incarcerated; and (2) the trial court erred in overruling his counsel's objection to the State's closing argument, which improperly incited the passions of the jury. We affirm. Rule 84.16(b).

Per curiam:

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