Legal Opinion

In Re Detention of Swanson

Supreme Court of Iowa

Decided September 4, 2003No. 02-0579PublishedCited by 28 opinions

1Opinion of the Court

CADY, Justice.

In this appeal, we consider what constitutes a “recent overt act” for purposes of determining whether an individual is a sexually violent predator. Iowa Code § 229A.2(6) (2001). More specifically, we examine the actions of this defendant to determine whether his conduct created “a reasonable apprehension of [harm of a sexually violent nature.]” Id. We conclude that there was sufficient evidence from which a fact finder could determine that the defendant committed a recent overt act and affirm the district court judgment and order finding the defendant is a sexually violent…

2Cases cited8 opinions

  1. In Re the Detention of GarrenSupreme Court of Iowa · 2000
  2. State v. ThomasSupreme Court of Iowa · 1997
  3. State v. MitchellSupreme Court of Iowa · 1997
  4. Hamilton v. City of UrbandaleSupreme Court of Iowa · 1980
  5. State v. LambertSupreme Court of Iowa · 2000

3 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. State v. SeeringSupreme Court of Iowa · 2005
  2. In Re Detention of CubbageSupreme Court of Iowa · 2003
  3. In Re Detention of HenningsSupreme Court of Iowa · 2008
  4. In Re the Detention of BetsworthSupreme Court of Iowa · 2006
  5. In RE the Detention of Anthony Geltz Anthony GeltzSupreme Court of Iowa · 2013

23 more not listed; retrieve them via the Exa API.

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