In re the Detention of Paschke

¶1 We previously held that proof of a recent overt act was not required under the unique facts of Herman Paschke’s case. In re Det. of Paschke, 121 Wn. App. 614, 624, 90 P.3d 74 (2004). Our Supreme Court granted review and remanded back to this court for reconsideration in light of In re Detention of Marshall, 156 Wn.2d 150, 125 P.3d 111 (2005). We adhere to our prior holding and affirm.

Brown, J.

FACTS

¶2 Since 1961, Mr. Paschke has shown a steady and frequent history of sexual improprieties when not incarcerated. This history included the rape of his 77-year-old grandmother when he was 15…