Daniel E. Garren v. Iowa District Court for Polk County

Summary

The Iowa Supreme Court reviewed by certiorari the denial of Daniel Garren’s request for a final hearing concerning eligibility for transitional release under Iowa Code chapter 229A. The court held that, at an annual review, a committed person need only present competent, admissible evidence that could lead a fact finder to find reasonable doubt regarding a change in the person’s mental abnormality; the person need not prove that he is likely to prevail at the final hearing. The writ was sustained and the case remanded for application of the correct standard.

Holdings

1. A committed person need not prove at the annual review that his mental abnormality has changed or that he would prevail at the final hearing. The person must present competent, meaning admissible, evidence that could lead a fact finder to find reasonable doubt on whether the mental abnormality has changed such that the person is unlikely to engage in sexually violent offenses.
2. The district court acted illegally by requiring Garren to prove by a preponderance of the evidence that his mental abnormality had changed sufficiently for transitional release or that he was unlikely to commit sexually predatory offenses.

Questions Presented

1. Whether Iowa Code section 229A.8 requires a committed person, at an annual review, to prove by a preponderance of the evidence that his mental abnormality has changed or that he is likely to prevail at a final hearing before receiving a final hearing.
2. Whether the district court acted illegally by weighing the credibility and conflicting substance of expert evidence rather than determining whether admissible evidence could support a finding of reasonable doubt regarding a change in the committed person's mental abnormality.

Disposition

remanded