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SVP – Trial – Necessity of Objection to Insufficient Proof

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. 980 is not required to voice an objection to the allegations contained in the petition…. Thus, Thiel’s failure to object to the admission of exhibits does not relieve the State of its statutorily defined burden to prove that its petition was filed within 90 days of his release.” ¶28.

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