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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 who testified on his behalf offered more credible testimony, and that neither one diagnosed Pletz as suffering from pedophilia or any other mental disorder which would satisfy the definition of a sexually violent person. The fact that this case presented a ‘battle of the experts’ does not alter our conclusion that the jury was presented with sufficient evidence to support the verdict it reached. The jury assessed the credibility of the expert witnesses and reached a conclusion adverse to Pletz. The testimony presented by the State’s witnesses is sufficient to uphold the jury’s verdict despite the fact that the defense presented testimony from expert witnesses who disagreed.

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