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d. Equal protection

On review of published court of appeals decisions: Alger, 2013 WI App 148; Knipfer, 2014 WI App 9; case activity: Alger; Knipfer Issues (composed by On Point) Does the filing of a petition for discharge or supervised release under ch. 980 after the effective date of the adoption of 2011 Wisconsin Act 2 “commence” an… Read More

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Milwaukee County v. Mary F.-R., 2012AP958, affirming an unpublished court of appeals opinion; case activity Majority opinion by Justice Crooks; concurrence by Chief Justice Abrahamson; additional concurrence by Justice Ziegler (joined by Justices Roggensack and Gableman) The issues in this case spring from State v. Post, 197 Wis. 2d 279, 318-319, 541 N.W.2d 115 (1995)(“persons committed under… Read More

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State v. Steven C. Feldmann, 2007 WI App 35, PFR filed 3/23/07 For Feldmann: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: The ch. 980 omission of required proof of a recent overt act of sexual violence does not violate equal protection, as compared with the ch. 51 mental health commitment requirement of proof of a recent overt… Read More

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State v. Scott R. Nelson, 2007 WI App 2, PFR filed 1/22/07 For Nelson: Joseph L. Sommers Issue/Holding: ¶15      … Even under the “more likely than not” standard, there must be a strong nexus between the person’s mental disorder and that person’s level of dangerousness. Under this standard, the likelihood that the person will engage in… Read More

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State v. Steven J. Burgess, 2003 WI 71, affirming 2002 WI App 264, 258 Wis. 2d 548, 654 N.W.2d 81 For Burgess: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶33. Although persons committed under chapter 980 are similarly situated to those committed under chapter 51, there is a rational basis for the legislature’s distinction with… Read More

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SVP – Pretrial Release

State v. Shawn Virlee, 2003 WI App 4, PFR filed 1/3/03 For Virlee: Jack E. Schairer Issue: Whether ch. 980 violates due process and/or equal protection because it doesn’t allow for pretrial release. Holding: ¶14. We decline to address Virlee’s due process and equal protection arguments because he fails to establish, and we do not see, how… Read More

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State v. Isaac H. Williams, State v. Willie Hogan, 2001 WI App 263, PFR filed 11/23/01 For Williams: Donna L. Hintze, SPD, Madison Appellate For Hogan: Donald T. Lang, SPD, Madison Appellate Issue1: Whether the § 980.08(1) requirement that the SVP wait 18 months after initial commitment before petitioning for supervised release violates substantive due process. Holding… Read More

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