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IN THE SUPREME COURT OF IOWA No. 85 / 05-1971 Filed February 1, 2008 IN RE THE DETENTION OF VALJEAN LEHMAN, STATE OF IOWA, Appellant. ________________________________________________________________________ Appeal from the Iowa District Court for Page County, J.C. Irvin, Judge.

The State appeals from the district court ruling that a statute granting the Attorney General the right to demand a jury trial over the respondent's objection in a sexually violent predator proceeding is unconstitutional. REVERSED AND REMANDED.

Thomas J. Miller, Attorney General, and Linda J. Hines and Robert J. Glaser, Assistant Attorneys General, for appellant.

Mark C. Smith, State Appellate Defender, for appellee.

2 PER CURIAM. The State appeals from the district court's ruling that Iowa Code section 229A.7(4), which authorizes the Attorney General to demand, over a respondent's objection, a jury trial in a sexually violent predator (SVP) proceeding, violates the Due Process Clauses of the United States and Iowa Constitutions. We reverse and remand. I. Factual and Procedural Background.

These proceedings began on September 16, 2005, when the State filed a petition alleging Valjean Lehman is an SVP. See Iowa Code

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