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3. Pretrial

State ex rel Frederick Lee Pharm v. Bartow, 2007 WI 13, affirming 2005 WI App 215 For Pharm: Jon G. Furlow, Nia Enemuch-Trammell,Roisin H. Bell (Pro Bono) Issue: Whether, following Pharm’s release in another state prison on life-time parole and his return here under the IAD to serve a Wisconsin sentence, he was subject to ch. 980 commitment… Read More

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State v. Jonathan Bell, 2006 WI App 30 For Bell: Leonard D. Kachinsky Issue: Whether intervention of the local prosecutor to obtain a second DOC evaluation, which resulted in a referral for SVP commitment after the first DOC evaluation determined insufficient likelihood of reoffending, violated ch. 980 or due process. Holding: ¶11      Our supreme court… Read More

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State v. Tremaine Y., 2005 WI App 56, PFR filed 3/4/05 For Tremaine: Robert W. Peterson, Samantha Jeanne Humes, SPD, Milwaukee TrialI Issue: Whether a ch. 980 petition is supported against a juvenile who was not placed in a secured correctional facility following the original adjudication on the qualifying sexually violent offense but was subsequently placed in… Read More

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State v. Steven J. Burgess, 2003 WI 71, affirming 2002 WI App 264; habeas relief denied, Steven J. Burgess v. Watters, 467 F.3d 676 (7th Cir 2006) For Burgess: Steven P. Weiss, SPD, Madison Appellate Issue: Whether ch. 980 jurisdiction attaches to Native Americans who: are members of a tribe, residents of the tribe’s reservation… Read More

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State v. Harris D. Byers, 2003 WI 86, reversing unpublished opinion of court of appeals For Byers: Jack E. Schairer & Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶26. A review of the placement of the provisions, together with the legislative history, reflects an intent to create a step-by-step process that must be followed before… Read More

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State v. Shawn Virlee, 2003 WI App 4, PFR filed 1/3/03 For Virlee: Jack E. Schairer Issue: Whether post-petition grant of jail credit deprived the court of competency to proceed, where the petition was filed within 90 days of the pre-grant release date, but would be untimely when calculated against the post-grant date. Holding: ¶17… 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. Ronald G. Sorenson, 2002 WI 78, affirming as modified, 2001 WI App 251, 248 Wis. 2d 237, 635 N.W.2d 787 For Sorenson: T. Christopher Kelly Issue: Whether, given the constitutional protections afforded Ch. 980 respondents, issue preclusion applies so as to prevent Sorenson from attacking the reliability of his qualifying conviction with evidence… Read More

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