State v. Holtz

653 N.W.2d 613, 20 A.L.R. 6th 877, 2002 Iowa App. LEXIS 1024
CourtCourt of Appeals of Iowa
DecidedSeptember 25, 2002
DocketNo. 01-0243
StatusPublished
Cited by1 cases

This text of 653 N.W.2d 613 (State v. Holtz) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Holtz, 653 N.W.2d 613, 20 A.L.R. 6th 877, 2002 Iowa App. LEXIS 1024 (iowactapp 2002).

Opinion

MAHAN, J.

Daniel Holtz appeals from the judgment of commitment entered upon a jury’s finding that he is a sexually violent predator under the Sexually Violent Predators Act, Iowa Code chapter 229A (1999). The unique issues raised by Holtz on this appeal concern the admissibility of actuarial risk assessment instruments in predicting a sex offender’s risk of re-offense. Specifically, he argues the district court erred (1) by admitting the expert testimony relating to the actuarial risk assessment instruments and (2) by denying his motion for judgment notwithstanding the verdict given the unreliability of such expert testimony. We affirm.

Background Facts and Proceedings.

On December 30, 1998, the State filed a petition to commit Holtz as a sexually violent predator. At the time of the petition, Holtz was in the custody of the department of corrections, with a scheduled release date of January 23, 1999. The petition alleged that Holtz had prior convictions of qualifying sexually violent offenses as defined by Iowa Code section 229A.2(7)(a).1 The petition also alleged Holtz suffered from mental abnormalities, which made him more likely to commit sexually violent offenses in the future. The district court held a probable cause hearing on January 26, 1999, and concluded there was probable cause to believe Holtz was likely to engage in sexually violent predatory criminal behavior upon his release. The district court ordered Holtz to be evaluated to determine whether he was a sexually violent predator.

Prior to trial, Holtz filed a -motion in limine requesting the results from the actuarial risk assessment instruments, to be relied upon by the State’s expert, be excluded given the instruments are unreliable, their predictive accuracy has not been tested, and they are untrustworthy. The district court denied the motion. At trial, the critical issue was whether Holtz was more likely than not to engage in acts of sexual violence in the future. On December 4, 2000, the jury returned a verdict finding Holtz a sexually violent predator as defined by section 229A.2(8). On the same day, the district court ordered Holtz to be committed to the custody of the department of human services “for control, care and treatment until such time as his mental abnormality has so changed that he is safe to be at large.” On December 8, 2000, Holtz filed a motion for new trial, [615]*615motion for judgment notwithstanding the verdict, and application for alternative treatment. Following a hearing, the district court denied these motions. Holtz appeals.

Admissibility of Actuarial Risk Assessment Instruments.

Iowa Rule of Evidence 5.7022 provides as follows:

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.

Iowa R. Evid. 5.702.

We review for abuse of discretion. State v. Rodriquez, 686 N.W.2d 234, 245 (Iowa 2001). The decision of a trial court concerning the admissibility of evidence will only be overturned upon a showing that discretion was exercised “on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” Id.

In addition, we ordinarily will not reverse a district court’s decision concerning the admission of evidence absent an abuse of discretion to the prejudice of the complaining party. Leaf v. Goodyear Tire & Rubber Co., 590 N.W.2d 525, 531 (Iowa 1999). “Only in a clear case of abuse will the admission of such evidence be found to be prejudicial.” State v. Atwood, 602 N.W.2d 775, 783 (Iowa 1999), cert. denied, 529 U.S. 1091, 120 S.Ct. 1729, 146 L.Ed.2d 649 (2000). Rule 5.702 and our case law make it clear that “we are committed to a liberal view on the admissibility of expert testimony, and we have been quite deferential to the district court in the exercise of its discretion in that area.” Mensink v. Am. Grain, 564 N.W.2d 376, 380 (Iowa 1997).

Our supreme court has set forth several rules governing the admissibility of expert testimony. The court has stated:

We have laid down several principles governing the admissibility of expert testimony. First, the testimony must aid the jury in resolving a disputed issue. Second, the testimony must be reliable. This requirement necessarily follows from the first because unreliable testimony cannot assist a trier of fact. Third, the amount of foundation necessary to establish reliability depends on the complexity of the testimony and the likely impact of the testimony on the fact-finding process.... Last, there is no requirement that the expert be able to express an opinion with absolute certainty.

Johnson v. Knoxville Cmty. Sch. Dist., 570 N.W.2d 633, 637 (Iowa 1997) (citations omitted).

Thus, a threshold requirement for the admissibility of expert testimony is that the testimony must aid the trier of fact to resolve a disputed issue. Williams v. Hedican, 561 N.W.2d 817, 823 (Iowa 1997). If such testimony is to aid the trier of fact, it must be reliable. Id. The proponent of the expert testimony bears the burden of showing that it will aid the trier of fact. State v. Rains, 574 N.W.2d 904, 916 (Iowa 1998). In certain cases evidence might be so novel or complex that the court will require proof of acceptance of the theory or technique in the scientific community before the evidence is admissible. Mercer v. Pittway Corp., 616 N.W.2d 602, 628 (Iowa 2000).

The supreme court has further concluded that trial courts are not required to apply the analysis set forth in Daubert v. [616]*616Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), in considering the admission of expert testimony. Leaf, 590 N.W.2d at 533. However, the court stated “trial courts may find it helpful in complex cases to use one or more of the relevant Daubert ‘considerations’ in assessing the reliability of expert testimony.” Id. Therefore, trial courts may, in their discretion, consider the following factors if deemed helpful in a particular case:

(1)whether the theory or technique is scientific knowledge that can and has been tested, (2) whether the theory or technique has been subjected to peer review or publication, (3) the known or potential rate of error, or (4) whether it is generally accepted within the relevant scientific community.

Id. However, if “a trial court considers these factors, the court should focus solely on the principles and methodology, not on the conclusions that they generate.” Id.

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Related

In Re Detention of Holtz
653 N.W.2d 613 (Court of Appeals of Iowa, 2002)

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Bluebook (online)
653 N.W.2d 613, 20 A.L.R. 6th 877, 2002 Iowa App. LEXIS 1024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-holtz-iowactapp-2002.