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1. Constitutional issues

State v. Jamie Lane Stephenson, 2018AP2104, petition to review a published court of appeals decision granted 3/17/20; case activity Issues: To prove that a person meets the criteria for commitment under Chapter 980, must the state present expert opinion testimony that the person is “dangerous” as defined under ch. 980? Should the standard of review… Read More

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SCOW: Precedent? What precedent? ¯\_(ヅ)_/¯

State v. Anthony James Jendusa, 2018AP2357-CRLV, review of a decision of the court of appeals denying the state’s petition for leave to appeal; case activity Before turning to the issues presented, we’ll start with an observation about how this case might seem to affect appellate litigation in all kinds of cases, civil and criminal. As… Read More

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State v. David Hager, 2015AP330, and State v. Howard Carter, 2015AP1311, petitions for review granted 5/15/17, reversed 4/19/18; review of published court of appeals decisions (Hager) (Carter); case activity (Hager) (Carter) (including briefs) We’ve posted on these cases a few times. The first time was when the court of appeals certified them (together) to the supreme court. The supreme… Read More

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State v. Carter, 2017 WI App 9, petition for review granted 5/15/17; case activity (including briefs) This case is a companion to State v. Hager, in which the court held that the amended discharge statute does not require a committed person to prove he is not dangerous in order to get a discharge trial. Carter… Read More

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Scott R. Schmidt v. Deborah McCulloch, 7th Circuit Court of Appeals No. 14-3651, 5/27/16 The Seventh Circuit upholds the denial of a Wis. Stat. ch. 980 detainee’s habeas corpus petition. As practitioners know, many important rules that protect a criminal defendant go out the window once the state alleges him a sexually violent person and seeks… Read More

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State v. David Hager, Jr., 2015AP330, and State v. Howard Carter, 2015AP1311, District 3, 2/2/2015; case activity (Hager) (Carter) (including briefs)–final SCOW decision here 4/19/18 Issues (1) Does [the 2013 Wis. Act 84] change in [Wis. Stat. § 980.09(2)] authorize the circuit court to weigh the evidence [to determine whether to hold a discharge trial], overruling State v. Arends, 2010 WI 46… Read More

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Kevin Scott Karsjens v. Lucinda Jesson, 109 F. Supp. 3d 1139 (D. Minn. 2015), reversed, Karsjens v. Piper, 845 F.3d 394 (8th Cir. 2017). After a lengthy trial in this class-action lawsuit brought by persons committed under Minnesota’s sexually violent person law, a federal district judge concluded that Minnesota’s sexually violent person commitment law does not pass constitutional scrutiny. The… Read More

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Carl C. Gilbert, Jr., v. Deborah McCulloch, No. 13-3460 (7th Cir. Jan. 12, 2015) Gilbert was committed as a sexually violent person while he was still in prison serving a criminal sentence, so he was not transferred to the ch. 980 treatment facility till he finished the sentence. The state courts upheld his commitment and the Seventh Circuit now… Read More

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