Fortune v. State (Iowa 2021)
Nature of Case: The Appellant had previously been convicted of sex offenses in Iowa and required to register subsequent to his incarceration. The Appellant subsequently petitioned to be removed from the registry after meeting Iowa’s statutory criteria for being removed from the registry, and the trial court denied the petition after consideration of non-statutory evidence. The Appellant thereafter sought review.
Holding: The Iowa Supreme Court reversed and remanded the case, finding that the district court abused its discretion in denying Appellant’s petition. Furthermore, the Court clarified the standard for registry modification in Iowa, and evidence that courts are allowed to consider.