· 11/13/2003
In Re Detention of Cubbage
Citations
- 671 N.W.2d 442
- 2003 Iowa Sup. LEXIS 214
- 2003 WL 22669110
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that alleged SVP “does not have a fundamental right to be competent during his SVPA proceedings”
- finding that a lack of pretrial evaluation of competency causes no deprivation of due process rights
- finding that a lack of pretrial evaluation of competency causes no deprivation of due process rights
- holding respondent does not have statutory or constitutional right to a competency determination under Iowa’s sexually violent predator commitment proceeding, reasoning the proceeding is not criminal
- finding no fundamental right to be competent during SVP statute proceedings and, thus, that commitment of incompetent people is consistent with substantive due process under the Iowa Constitution
- holding no constitutional right to competence during chapter 229A proceedings
Source: CourtListener parenthetical corpus (CC0).
Judges: Cady, Wiggins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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