United States Seventh Circuit
Brown v. Watters, 08-1171
District court's denial of defendant's petition for habeas relief is affirmed where: 1) defendant's challenge to the paraphillia NOS nonconsent diagnosis, claiming it was so lacking in scientific validity that to rely upon it for civil commitment amounts to a denial of due process, is rejected; 2) the scientific validity of APD is not so patently lacking that consideration of it in a civil commitment proceeding violates due process; and 3) defendant's argument that an expert's testimony was so unreliable that it would have been inadmissible in a federal proceeding under Daubert is rejected.
Appellate Information
- Decided 03/19/2010
- Published 03/19/2010
Judges
Court
- United States Seventh Circuit