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SVP – Appeal – Standard of Review, Sufficiency of Evidence

State v. Frank Curiel, 227 Wis.2d 389, 597 N.W.2d 697 (1999), affirming unpublished decision
For Curiel: Jack. C. Hoag, Sedor & Hoag

Holding: “¶6. …. We hold that appellate court review of challenges to the sufficiency of the evidence in ch. 980 proceedings should be that standard applied in criminal cases.” Curiel argues that the standard should be a mixed question of law and fact. The court holds that, while this is a civil proceeding, “it shares many of the procedural and constitutional features present in criminal prosecutions.” The need for “clarity” supports use of the criminal standard of review.

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