In re Millikin (Iowa Ct. App. 2021)

In re Millikin, No. 19-2096 (Iowa Ct. App. 2021)

Nature of Case: The Respondent was adjudicated as a SVP after an initial SVP petition was dismissed because he was no longer in custody as required by the statute. The subsequent SVP petition was successful and the Respondent was committed. He sought review, arguing that the subsequent petition was barred by claim preclusion.

Holding: The Iowa Court of Appeals held that the subsequent SVP petition was not barred by claim preclusion as the first petition was not an adjudication on the merits.