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IN RE: DETENTION OF John NEW, Jr

11-20-2014 Illinois:

IN RE: DETENTION OF John NEW, Jr. The People of the State of Illinois, Appellant, v. John New, Jr., Appellee.

At issue in this case is whether the circuit court of Cook County erred in admitting certain expert testimony regarding a diagnosis of hebephilia at respondent's civil commitment trial without first conducting an evidentiary hearing pursuant to Frye v. United States, 293 F. 1013 (D.C.Cir.1923) (“Frye hearing”) to determine whether the diagnosis had been generally accepted as a valid mental disorder in the relevant scientific community. For the reasons that follow, we hold that the diagnosis of hebephilia is subject to the Frye standards for the admissibility of novel scientific evidence, and that a hearing is necessary in this case to determine its general acceptance.

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