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SVP – Sufficiency of Evidence – Different Expert Opinions

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 Wis. Stat. ch. 980 should be instituted, diagnosed Lombard with sexual sadism, a mental disorder which the expert testified rendered Lombard dangerous and substantially likely to reoffend within the meaning of ch. 980. Lombard does not argue that this testimony was inherently incredible or incredible as a matter of law. Accordingly, the jury had a right to believe and accept the State’s expert’s testimony and opinions as true, even if Lombard presented conflicting testimony from other experts. See State v. Kienitz, 227 Wis. 2d 423, 438-41, 597 N.W.2d 712 (1999).

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