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IN RE DETENTION OF WILLIE BRADFORD
State: Iowa
Court: Supreme Court
Docket No: No. 138 / 04-1707
Case Date: 04/07/2006
Preview:IN THE SUPREME COURT OF IOWA
No. 138 / 04-1707 Filed April 7, 2006 IN RE DETENTION OF WILLIE BRADFORD, Appellant.

Appeal from the Iowa District Court for Black Hawk County, Stephen C. Clarke and George L. Stigler, Judges.

Respondent appeals from order for commitment as sexually violent predator under Iowa Code chapter 229A (2003). AFFIRMED.

Mark C. Smith, First Assistant State Public Defender, and Michael H. Adams, Assistant Public Defender, Des Moines, for appellant.

Thomas J. Miller, Attorney General, Sharon K. Hall, Denise A. Timmins, and Andrew B. Prosser, Assistant Attorneys General, for appellee.

2 LARSON, Justice. Willie Bradford has appealed an order for commitment as a sexually violent predator under Iowa Code chapter 229A (2003), alleging that the statute is unconstitutional on ex post facto and double jeopardy grounds. We affirm. I. Facts and Prior Proceedings. In 1991 Bradford was convicted of second-degree sexual abuse and indecent contact with a minor and was sentenced to concurrent terms of twenty-five and two years, respectively. Both offenses are "sexually violent" offenses as defined by Iowa Code section 229A.2(10)(a). He was confined at the Anamosa State Penitentiary, but was eligible to be released on June 1, 2004. Prior to his release date, proceedings were commenced to have

Bradford confined as a sexually violent predator. Acting pursuant to Iowa Code section 229A.3(5), a prosecutors' review committee appointed by the attorney general determined that Bradford met the definition of a "sexually violent predator" and requested the district court to determine that probable cause existed to believe Bradford was a sexually violent predator. The district court found probable cause and set a jury trial on the matter. Bradford filed a motion to dismiss on the constitutional grounds he now urges, but his motion was denied, and the case proceeded to a jury trial. At the trial, the State introduced the videotaped deposition of Anna Salter, Ph.D., who had examined Bradford to determine whether the court should order confinement. Dr. Salter testified that Bradford suffered from pedophilia and that he is likely to engage in predatory acts constituting sexually violent offenses if not confined in a secure facility. See Iowa Code
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