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c. Evidence

State v. Jamie Lane Stephenson, 2018AP2104, District 3, 10/29/19 (recommended for publication); case activity (including briefs) At a hearing on a committed person’s petition for discharge from a ch. 980 commitment, the state has the burden of proving the person is still a sexually violent person—that is, that the person: (1) has a mental disorder… Read More

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State v. Scott Maher, 2010AP460, District 4, 5/26/11 court of appeals decision (not recommended for publication); for Maher: Donald T. Lang, SPD, Madison Appellate; case activity Testimony from a State’s expert witness describing the ch. 980 screening process was irrelevant. ¶11      We addressed the issue of the admissibility of this same type of evidence in State v… Read More

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court of appeals decision (3-judge, not recommended for publication); for Oliver: Steven D. Phillips, SPD, Madison Appellate; BiC; Resp. Br.; Reply Br. SVP – Evidence 1. Unobjected-to testimony by a state evaluator that DHS psychologists are more “conservative” in their conclusions than other SVP experts did not “cloud” the issue and therefore did not support… Read More

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State v. Carl Kaminski, 2009 WI App 175

court of appeals decision; for Kaminski:Donald T. Lang, SPD, Madison Appellate SVP: Misconduct Evidence, § 904.04(2), Reliance on by Expert  SVP expert may rely on the respondent’s unproven prior misconduct in deriving his or her opinion. The § 904.04(2) “preliminary relevance” requirement, State v. James E. Gray, 225 Wis.2d 39, 59-61, 590 N.W.2d 918 (1999); State… Read More

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State v. Carl Kaminski, 2009 WI App 175 For Kaminski: Donald T. Lang, SPD, Madison Appellate Issue/Holding: “Infrequent references to annual re-evaluation” were not “sufficiently egregious to diminish the jury’s sense of responsibility for its verdict,” ¶¶20-24… Read More

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State v. Carl Kaminski, 2009 WI App 175 For Kaminski: Donald T. Lang, SPD, Madison Appellate Issue/Holding: Testimony by a state’s expert to the effect that the only treatment program for psychopaths is at Sand Ridge did not require a new trial under the theory that it implicitly suggested commitment would be in the community’s and… Read More

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State v. Owen Budd, 2007 WI App 245 For Budd: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: Evidence that SVP respondent would be under DOC supervision if not committed under ch. 980 properly excluded as irrelevant, ¶¶8-14 (“the fact of supervision is irrelevant to whether Budd is a sexually violent person under § 980.01(7),” ¶14).The court… Read More

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State v. Owen Budd, 2007 WI App 245 For Budd: Steven P. Weiss, SPD, Madison Appellate Issue: Whether the trial court erred in admitting evidence as to the “screening process” for referring SVP cases, which had the effect of informing the jury that fewer than 5% of eligible sex offenders are selected for commitment proceedings. Holding… Read More

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