Legal Opinion

In Re the Detention of Selby

Court of Appeals of Iowa

Decided December 7, 2005No. 04-0806PublishedCited by 4 opinions

1Opinion of the CourtMahan, P.J.

Johnny C. Selby appeals the jury verdict finding him to be a sexually violent preda tor under Iowa Code chapter 229A (2003). He argues that (1) chapter 229A is facially unconstitutional because it violates both due process and equal protection and (2) the jury instruction given in his trial was improper. We affirm.

I. Background Facts and Proceedings

Selby has a history of sexually abusing children. In 1985, he admitted committing lascivious acts with a child. In 1989, he was convicted of one count of second degree sexual abuse. In 2002, he pled guilty to indecent contact with a child.

On…

2Cases cited26 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. SalernoSupreme Court of the United States · 1987
  3. Addington v. TexasSupreme Court of the United States · 1979
  4. Reno v. FloresSupreme Court of the United States · 1993
  5. Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993

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3Cited by4 opinions

  1. Care & Treatment of Murrell v. StateSupreme Court of Missouri · 2007
  2. In Re the Detention of PierceSupreme Court of Iowa · 2008
  3. Care & Treatment of Murrell v. StateSupreme Court of Missouri · 2007
  4. In Re The Detention Of Bryan M. Pierce, State Of IowaSupreme Court of Iowa · 2008

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