In Re the Care & Treatment of Matthews

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that, in Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997), the United States Supreme Court deemed Kansas’ Sexually Violent Predator Act, on which the South Carolina Act is modeled, to be a civil, non-punitive scheme
• stating South Carolina’s Act is based on Kansas’ Sexually Violent Predator Act
• interpreting section 44-48-90 and holding that “the State’s failure to comply with the time period set forth in the section, when a proper continuance has not been issued, does not deprive the court of subject matter jurisdiction to hear the case”
• Act does not violate Double Jeopardy clause of federal or state constitutions because it does not constitute punishment
• Act does not violate Double Jeopardy clause of the Federal or South Carolina constitutions because it does not constitute punishment
• “Lack of subject matter jurisdiction can be raised at any time, can be raised for the first time on appeal, and can be raised sua sponte by the court.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).