Missouri Court of Appeals, Southern District / Dec 5, 2018
IN THE MATTER OF THE CARE AND TREATMENT OF EVERETT JONES, A/K/A EVERETT C. JONES, A/KA EVERETT CHRISTOPH JONES, Respondent-Appellant vs. STATE OF MISSOURI, Petitioner-Respondent
Everett Jones appealed a judgment committing him to the Department of Mental Health as a sexually violent predator (SVP) after a jury trial. He argued the trial court erred by denying his timely application for a change of judge under Rule 51.05. The appellate court reversed the judgment and remanded the case, holding that Rule 51.05 applies to Chapter 632 SVP proceedings, which are special statutory civil proceedings and not governed by the Probate Code's change of judge provisions or the limitations of Rule 41.01(b).