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SVP – Jury Waiver – Advisal of Right to Jury Unanimity

State v. Kerby G. Denman, 2001 WI App 96, 243 Wis. 2d 14, 626 N.W.2d 29.
For Denman: Glenn L. Cushing, SPD, Madison Appellate

Issue: Whether a Ch. 980 respondent’s jury waiver requires advice of the right to a unanimous verdict.

Holding: The court “look(s) to WIS. STAT. § 980.05(2), rather than the case law governing the waiver of a the constitutional right to a jury trial in criminal cases, to determine whether Denman’s waiver was valid,” ¶11; because that section “does not require the court to engage in any particular procedure,” it “does not require that a respondent be advised by the court that a jury verdict must be unanimous in order for the withdrawal of his or her request for a jury trial to be valid,” ¶12.

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