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IN THE COURT OF APPEALS OF IOWA No. 0-617 / 09-1443 Filed December 8, 2010

ELWOOD THOMPSON, Plaintiff, vs. IOWA DISTRICT COURT FOR WAPELLO COUNTY, Defendant. ________________________________________________________________ Certiorari to the Iowa District Court for Wapello County, Michael R. Mullins, Judge.

Plaintiff in a certiorari action challenges the district courts decision denying his request for a final hearing on the issue of whether he is still a sexually violent predator. WRIT ANNULLED.

Mark Smith, First Assistant State Public Defender, and Amy Kepes and Greta Truman, Assistant Public Defenders, for plaintiff. Thomas J. Miller, Attorney General, Linda Hines and Susan Krisko, Assistant Attorneys General, and Allen Cook, County Attorney, for defendant.

Heard by Vogel, P.J., Vaitheswaran, J., and Huitink, S.J.* Tabor, J., takes no part. *Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2009).

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HUITINK, S.J. I. Background Facts & Proceedings In 2000 Elwood Thompson was committed as a sexually violent predator (SVP) under Iowa Code chapter 229A (1999). See In re Detention of Thompson, No. 00-0887 (Iowa Ct. App. June 29, 2001). Thompson, who was born in 1955, had a history of over twenty-five years of sex offenses, beginning when he was fourteen years old. Id. Prior to his commitment, Thompson was evaluated by Dr. Dennis Doren, who diagnosed Thompson with pedophilia, alcohol

dependence, and a personality disorder. Once a person is committed under chapter 229A, there is a rebuttable presumption the commitment will continue. Iowa Code

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