In re the Detention of Lewis

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David James Lewis (a/k/a Roy Dale Eaker) challenges a published Court of Appeals, Division Three, decision which held that the State did not have the burden of pleading or proving a recent overt act during civil commitment proceedings against Lewis. He claims that due process requires the State to plead and prove a recent overt act since, at the time of filing the sexually violent predator (SVP) petition, Lewis was in custody pending retrial of a conviction different from the predicate conviction alleged in the petition.

Fairhurst, J.

¶2 We hold that Lewis was “about to be released from total…