In re Detention of Robert E. Swanson
Robert E. Swanson, Respondent-Appellant
Attorney for Appellant
Matthew S. Sheeley
Attorney for Appellee
Anagha Dixit, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Certiorari to the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge. WRIT ANNULLED. Considered without oral argument by Ahlers, P.J., and Langholz and Sandy, JJ. Buller, J., takes no part. Opinion by Langholz, J. (13 pages)
Robert Swanson challenges the district court’s order continuing his commitment as a sexually violent predator. He argues that the State failed to meet its burden to prove beyond a reasonable doubt that he continues to suffer from a mental abnormality and that he remains likely to commit a sexually violent offense if discharged. OPINION HOLDS: Swanson’s challenge must be brought as a petition for a writ of certiorari rather than as an appeal. Substantial evidence supports the district court’s finding that the State proved beyond a reasonable doubt that Swanson still suffers from a mental abnormality—antisocial personality disorder—and that he remains likely to commit a sexually violent offense if discharged. We thus annul the writ of certiorari.
