State of Iowa
v.
Iowa District Court for Polk County
Appellee
State of Iowa
Appellant
Iowa District Court for Polk County
Attorney for the Appellee
Sarah Jennings, Assistant Attorney General
Attorney for the Appellant
Amy Kepes
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge. WRIT ANNULLED. Heard by Schumacher, P.J., Badding, J., and Mullins, S.J. Opinion by Mullins, S.J. (13 pages)
The State appeals the district court’s ruling placing David Stumbo in transitional release from sexually violent predator commitment. The sole question on appeal is whether, under Iowa Code chapter 229A (2023), the court could hear evidence and recommendations from Stumbo about his placement after it determined he violated his release plan. OPINION HOLDS: We find the State has not met its burden to prove the district court acted illegally. The writ is annulled.
