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Case No. 19-0560

In the Matter of K.G., Alleged to be Seriously Mentally Impaired

K.G., Respondent-Appellant

Attorney for Appellant

Francis J. Lange

Attorney for Appellee State

Gretchen Kraemer, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Dec 18, 2019

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Considered by Bower, C.J., and Potterfield and Greer, JJ.  Opinion by Potterfield, J.  (10 pages)

            K.G. challenges the civil commitment order issues pursuant to Iowa Code chapter 229 (2018).  On appeal, K.G. argues (1) the State failed to meet its burden to prove by clear and convincing evidence that she was a danger to herself or others due to her mental illness; (2) the district court erred in not appropriately conducting a de novo hearing under Iowa Code section 229.21(3); and (3) the district court erred by taking judicial notice of two criminal complaints involving K.G. in violation of K.G.’s rights under the Fifth Amendment to the United States Constitution.  OPINION HOLDS: Sufficient evidence supports the district court’s determination that K.G. was likely to harm herself or others if released.  The district court did not err by taking judicial notice of the criminal complaints against K.G. 

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