In re the Detention of Leck

Penoyar, J.*

¶1 Jack Leek II appeals a jury verdict determining him to be a sexually violent predator (SVP). Leek contends that his right to due process was violated when (1) the jury was instructed on an alternative means of proving his SVP status that was not alleged in the petition, (2) he was not allowed to appear in person at a reconsideration hearing addressing the recent overt act requirement, and (3) the State’s expert witness was allowed to refer to hearsay in expressing his opinion about Leek’s SVP status. Leek also argues that the State had no authority to file an SVP petition…