IN THE SUPREME COURT OF IOWA 

No. 06–1960 

Filed November 7, 2008 

JOHN CARMODY, 

Plaintiff, 

vs. 

IOWA DISTRICT COURT FOR HENRY COUNTY, 

Defendant. 

________________________________________________________________________ 

Certiorari to the Iowa District Court for Henry County, R. David 

Fahey, Judge. 

Plaintiff challenges the district court’s denial of his request for a 

final hearing at his annual review. WRIT SUSTAINED, AND CASE 

REMANDED. 

 Mark C. Smith, State Appellate Defender, and Steven L. Addington, 

Assistant Public Defender, for plaintiff. 

 Thomas J. Miller, Attorney General and Linda J. Hines and Becky 

Goettsch, Assistant Attorneys General, for defendant. 
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PER CURIAM. 

By petition for writ of certiorari, John Carmody, a civilly committed 

sexual predator, challenges a district court judgment denying his request 

for a final hearing to determine whether he is eligible for release. He 

claims the district court exceeded its jurisdiction and acted illegally when 

it weighed conflicting expert opinions at his annual review to determine 

he was not entitled to a final hearing. We conclude the controlling 

statute does not require the committed person prove at the annual 

review a likelihood of winning at his final hearing. The statute governing 

annual reviews requires the committed person show there is admissible 

evidence that could lead a fact finder to find reasonable doubt on the 

issue of whether his mental abnormality has changed. We therefore 

sustain the writ. 

I. Background Facts and Prior Proceedings. 

John Carmody was civilly committed as a sexually violent predator 

under the Commitment of Sexually Violent Predators Act, Iowa Code 

chapter 229A in 2002 and recommitted in 2004. According to the 

stipulated facts, Carmody was convicted of two counts of sexual abuse in 

the third degree in 1990 and two counts of rape in 1976. Prior to 

commitment, Carmody was diagnosed with antisocial and narcissistic 

personality disorders, which predispose him to commit future sexually 

violent offenses. Since his 2002 commitment, Carmody has had four 

annual reviews, and in each one, the court has denied Carmody’s request 

for a final hearing. At his September 2006 annual review, the State 

submitted evidence from a licensed psychologist who had worked with 

Carmody stating he had refused to participate in all aspects of the sex 

offender treatment and thus was not suitable for placement in the 
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transitional release program. Carmody submitted a report by Dr. 

Richard Wollert that concluded Carmody’s mental abnormality had 

changed such that he is not likely to commit sexually violent offenses if 

released. Wollert’s conclusion was based primarily on actuarial data 

indicating the risk of recidivism declines with age, and Carmody’s risk of 

reoffending, given his age of sixty-seven, was below ten percent. The 

district court weighed the evidence presented by both parties and 

determined Carmody had not shown by a preponderance of the evidence 

he was entitled to a final hearing. Carmody filed an application for writ 

of certiorari with this court, claiming the district court exceeded its 

jurisdiction when it weighed evidence to determine he was not entitled to 

a final hearing. 

II. Scope of Review. 

In a certiorari case, we review the district court’s action for 

correction of errors at law. Weissenburger v. Iowa Dist. Ct., 740 N.W.2d 

431, 434 (Iowa 2007). We may examine “only the jurisdiction of the 

district court and the legality of its actions.” Christensen v. Iowa Dist. 

Ct., 578 N.W.2d 675, 678 (Iowa 1998). An “illegality exists when the 

court’s factual findings lack substantial evidentiary support, or when the 

court has not properly applied the law.” Id. We accept as true the 

district court’s factual findings, if well supported. State Pub. Defender v. 

Iowa Dist. Ct., 644 N.W.2d 354, 356 (Iowa 2002). 

III. Merits. 

In Johnson v. Iowa District Court, ___ N.W.2d ___ (Iowa 2008), we 

interpreted Iowa Code section 229A.8 to require the committed person 

show there is admissible evidence that could lead a fact finder to find 

reasonable doubt on the issue of whether his mental abnormality has 
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changed. Johnson, ___ N.W.2d at ___. If the committed person meets 

this standard at the annual review, he is entitled to a final hearing. Id. 

Iowa Code chapter 229A allows for the commitment of sexually 

violent predators in order “to protect the public, to respect the needs of 

the victims of sexually violent offenses, and to encourage full, meaningful 

participation of sexually violent predators in treatment programs.” Iowa 

Code § 229A.1 (2007). Under section 229A.8, the committed person is 

entitled to an annual review in which he may request a final hearing to 

determine whether he is eligible for release or transitional release. At an 

annual review, the committed person bears the burden of proof to show 

by a “preponderance of the evidence” there is “competent evidence which 

would lead a reasonable person to believe a final hearing should be held.” 

Id. § 229A.8(5). If the committed person meets this burden, he is entitled 

to a final hearing. At the final hearing, the state bears the burden of 

proof to show “beyond a reasonable doubt” the committed person’s 

mental abnormality has not changed.1 Id. § 229A.8(6). The committed 

person has no burden to prove anything at the final hearing. Id. If, at 

the final hearing, the fact finder determines there is a reasonable doubt 

as to whether the committed person still suffers from a mental 

abnormality, the commitment ends. Id.

In determining whether the committed person is entitled to a final 

hearing, the district court should apply the following standard: if the 

 1The final hearing on whether the committed person is eligible for transitional 

release is different. Iowa Code § 229A.8A. The prerequisites for the transitional release 

program include, among other things, that the committed person’s “mental abnormality 

is no longer such that the person is a high risk to reoffend.” Id. § 229A.8A(2)(a). 
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committed person presents competent2 evidence that could lead a fact 

finder to find reasonable doubt on the issue of whether his mental 

abnormality has changed, such that he is unlikely to engage in sexually 

violent offenses, then the committed person should be granted a final 

hearing. Johnson, ___ N.W.2d at ___. Carmody has met this standard by 

submitting the report of Dr. Wollert. We sustain the writ of certiorari 

and remand the case to determine whether Carmody is entitled to a final 

hearing under the standard set forth in Johnson. See Johnson, ___ 

N.W.2d at ___. 

IV. Conclusion. 

We interpret the statute governing annual reviews to require the 

committed person show there is admissible evidence that could lead a 

fact finder to find reasonable doubt on the issue of whether his mental 

abnormality has changed. The writ of certiorari to this court is 

sustained. The district court acted illegally when it denied Carmody’s 

request for a final hearing. 

WRIT SUSTAINED, AND CASE REMANDED. 

This opinion shall not be published. 

 2Competent evidence means admissible evidence, not credible evidence. See 

Black’s Law Dictionary 596 (8th ed. 2004); see also State v. Decker, 744 N.W.2d 346, 

356 (Iowa 2008).