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7. Appeal

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: Whether the evidence was sufficient, where the state’s expert conceded that respondent could conform his conduct to requirements of the law. Holding: ¶29. Nevertheless, Burgess claims… Read More

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State v. Joseph A. Lombard, 2003 WI App 163, affirmed, other grounds, 2004 WI 95 For Lombard: David R. Karpe Issue/Holding: Evidence sufficient to support commitment though only one state’s expert supported commitment against three defense experts: ¶21 … The State’s expert, a psychologist who evaluated Lombard for the purpose of determining whether proceedings under… Read More

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State v. James Lalor, 2003 WI App 68, PFR filed 4/15/03 For Lalor: T. Christopher Kelly Issue/Holding: Evidence based on actuarial instruments (RRASOR; PCL-R; MnSOST-R; V-RAG), to the effect that of people with similar scores about 50% reoffend within five years and 70% within ten years, supports finding of substantial likelihood to engage in sexual… Read More

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SVP – Sufficiency of Evidence

State v. Thomas Treadway, 2002 WI App 195 For Treadway: Lynn E. Hackbarth Issue/Holding: The evidence was sufficient, where a qualified psychologist testified that respondent had two disorders (paraphilia and personality disorder)… Read More

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State ex rel Edwin C. West v. Bartow, 2002 WI App 42 For West: Leonard D. Kachinsky Issue: Whether the court had discretion to order change of venue from Winnebago (county of current SVP confinement) to Milwaukee (county of commitment), on habeas challenge to the commitment. Holding: Venue was proper in Winnebago under § 801.50(4)(b)… Read More

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State v. Dennis R. Thiel (I), 2000 WI 67, 235 Wis. 2d 823, 612 N.W.2d 94, on certification from court of appeals For Thiel: John D. Lubarsky, SPD, Madison Appellate Issue: Whether the ch. 980 respondent waived his objection to insufficient proof by absence of objection. Holding: “(T)he subject of a commitment petition under ch… Read More

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State v. Kenneth Parrish, 2002 WI App 263, PFR filed 11/11/02 For Parrish: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: Although evidence of volitional impairment is required and in this bench trial the trial court erred in commenting to the contrary, ¶35, the court in fact found the existence of such evidence, ¶36… Read More

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SVP – Sufficiency of Evidence

State v. Eric Pletz, 2000 WI App 221, 239 Wis.2d 49, 619 N.W.2d 97 For Pletz: Michael J. Backes Issue: Whether the evidence was sufficient to support a finding that the 980 subject suffered from a qualifying mental disorder, given that the experts split on the issue. Holding: ¶15 Pletz argues that the two psychologists… Read More

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