Ambrose v. Roeckeman

In 1998 Ambrose was charged with predatory criminal sexual assault (720 ILCS 5/12-14.1(a)(1)), based on his alleged sexual penetration of his five-year-old daughter and her friend. In 1999, the state successfully sought civil commitment of Ambrose under the Sexually Dangerous Persons Act, 725 ILCS 205/0.01-205/12, which allows for the indefinite commitment of a person who had not yet been convicted of a sexual offense by establishing that the person has a mental disorder that renders him sexually dangerous. Ambrose sought release by filing a recovery application in 2005. The state court denied that application in 2008. Ambrose filed a federal petition for habeas relief in 2010, alleging that his due process rights were violated when, at the hearing on his recovery application, evidence was admitted of allegations of abuse made against him in Arizona and Indiana, and that the ruling compromised his right to a fundamentally fair trial. The district court denied relief. The Seventh Circuit affirmed. Given that Ambrose failed to acknowledge the history that formed the basis for the commitment, and refused to participate in treatment for that disorder, there was no basis to conclude that, absent the reference to the out-of-state abuse allegations, the outcome of the proceeding would have been different. View "Ambrose v. Roeckeman" on Justia Law