In re the Detention of Anderson

¶21 (dissenting) — I agree with our majority and the Court of Appeals that the trial court abused its discretion when it refused to appoint Dr. Richard Wollert as John Anderson’s expert witness and thus denied Anderson the services of a trial expert to rebut the State’s evidence. I disagree, however, that the acts relied upon by the State could constitute recent overt acts. Therefore I would reverse and dismiss.

I. Facts and Procedural History

¶22 In 1988 Anderson pleaded guilty to first degree statutory rape of a two-and-one-half-year-old boy. Anderson *553was 17 years old. He was sentenced to a…