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In re Detention of Austin Sims
Austin Michael Sims, Respondent-Appellant
Attorney for Appellant
Jill Eimermann
Guardian ad Litem for Appellant
Nathaniel Schwickerath
Attorney for Appellee State
Linda J. Hines and Keisha F. Cretsinger, Assistant Attorneys General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge. AFFIRMED. Considered by Tabor, P.J., Badding, J., and Blane, S.J. Opinion by Blane, S.J. (18 pages)
Austin Sims appeals the finding he committed second-degree sexual abuse and the admission of hearsay testimony and forensic recorded interviews under the residual hearsay exception in Iowa Rule of Evidence 5.807. OPINION HOLDS: The trial court correctly found the video recorded forensic interviews were properly admissible under the residual hearsay exception and there was substantial evidence that Sims committed sex abuse to support the sexual violent predator determination and commitment. Admission of other hearsay evidence, if erroneous, was harmless. So we affirm the determination Sims committed sexual abuse.
