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b. Discharge procedure

State v. Thornon F. Talley, 2015 WI App 4; case activity A person committed as a sexually violent person under ch. 980 does not have a due process right to have the state prove at a discharge hearing that he is still a sexually violent person, so the clear and convincing evidence standard under §… Read More

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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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State v. Scott Maher, 2013AP1815, District 4, 4/3/14; court of appeals decision (not recommended for publication); case activity The circuit court impermissibly weighed the relative persuasiveness of conflicting examination reports of experts when it denied Maher’s § 980.09 petition without holding a discharge hearing when it said it had “some ability apparently to assess the accuracy of the… Read More

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State v. Herbert O. Richard, 2014 WI  App 28; case activity Richard is entitled to an evidentiary hearing on his petition for discharge because the independent psychologist’s opinion that amendments to the Static-99 show Richard’s risk to reoffend is below the legal threshold constitutes a fact on which a court or jury may conclude that Richard… Read More

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State v. Edward Cotton, 2013AP452, District 1, 1/7/14; court of appeals decision (not recommended for publication); case activity At the hearing on Cotton’s petition for discharge from his ch. 980 commitment the state’s experts testified that Cotton’s high psychopathy coupled with his sexual deviance raised his risk to reoffend. They also opined that sex offender… Read More

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State v. Ronald Knipfer, 2014 WI App 9, petition for review granted, 5/23/14, affirmed, 2015 WI 3; case activity In this follow-up to the recent decision in State v. Alger, 2013 WI App 148, ___ Wis. 2d ___, ___ N.W.2d ___, the court of appeals rejects two constitutional challenges to the legislation that limits the newly-adopted… Read More

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State v. Michael Alger, 2013 WI App 148, petition for review granted, 5/23/14, affirmed, 2015 WI 3; case activity In this important decision addressing an issue that’s been percolating in ch. 980 cases, the court of appeals holds that the Daubert standard for expert testimony does not apply to any proceedings in a ch. 980 case… Read More

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State v. Bradley M. Jones, 2013 WI App 151; case activity ¶1        …. Wisconsin Stat. § 980.07 (2011-12) mandates annual reexamination of persons committed to secure treatment facilities as sexually violent persons. Following the Department of Health Services’ annual reexamination, Bradley M. Jones requested and was denied appointment of an independent examiner and counsel prior to review of… Read More

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