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3. Pretrial

State v. Tavodess Matthews, 2018AP2142, petition to review a published court of appeals decision granted 8/26/20; case activity (including briefs) Issue presented: Is an adjourned probable cause hearing under ch. 980 a “preliminary contested matter” that terminates litigants’ opportunity to request judicial substitution? Because this is a ch. 980 sexually violent person commitment case, it… 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State v. Kenneth William Jaworski, 2016AP5, District 1, 4/18/17 (not recommended for publication); case activity (including briefs) The state filed a ch. 980 commitment petition against Jaworski shortly before the mandatory release (MR) date the Department of Corrections had calculated for him. But DOC later realized it had miscalculated Jaworski’s MR date, which was actually about two… Read More

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State v. Hershel R. Stanley, 2014 WI App 89; case activity Even if DOC was required to release Stanley from prison on his presumptive mandatory release date instead of holding him to his maximum discharge date, the ch. 980 petition filed against him before his discharge date was timely because § 980.02(1m) permits filing a ch. 980 petition before… Read More

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State v. Joseph J. Spaeth, 2014 WI 71, 7/16/14, on certification from the court of appeals, and reversing the circuit court’s dismissal order; majority opinion by Justice Gableman; case activity A necessary predicate of a commitment under ch. 980 is a conviction for a sexually violent offense. This case raises an unusual issue regarding predicate convictions: Can the… Read More

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On review of court of appeals certification; case activity Issue (from the certification) Wisconsin Stat. § 980.02(1m) and (2) require that a commitment petition be filed “before the person is released or discharged” and allege that a person has been convicted of a sexually violent offense. Does § 980.02 additionally require that the commitment petition be filed before… Read More

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Court of Appeals certification, review granted 11/26/13; case activity Issue certified: Wisconsin Stat. § 980.02(1m) and (2) require that a commitment petition be filed “before the person is released or discharged” and allege that a person has been convicted of a sexually violent offense. Does § 980.02 additionally require that the commitment petition be filed before the person… Read More

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on review of published decision; for Gilbert: William J. Tyroler, SPD, Milwaukee Appellate; for Hunt:  Eric James Van Schyndle, Leah Stoecker, Allison E. Cimpl-Wiemer; case activity (Gilbert), case activity (Hunt) SVP – Pre-Commitment Return to DOC Custody  Issues (Composed by On Point): Whether the State may bring a Wis. Stat. ch. 980 commitment petition to judgment when the respondent is in… Read More

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