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IN RE DETENTION OF LEWIS

No. 79364-6.

177 P.3d 708 (2008)

In the Matter of the DETENTION of David James LEWIS, Petitioner.

Supreme Court of Washington, En Banc.

Decided February 28, 2008.

Attorney(s) appearing for the Case

William D. Edelblute, Attorney at Law Spokane Valley, WA, for Petitioner.

Sarah Sappington, Office of the Atty. General, Seattle, WA, Jay Douglas Geck, Office of the Attorney General, Olympia, WA, for Respondent.

FAIRHURST, J.

¶ 1 David James Lewis (aka Roy Dale Eaker) challenges a published Court of Appeals, Division Three, decision which held that the State did not have the burden of pleading or proving a recent overt act during civil commitment proceedings against Lewis. He claims that due process requires the State to plead and prove a recent overt act since, at the time of filing the sexually violent predator (SVP) petition, Lewis was in custody pending retrial of...

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