Court of Appeals certification, review granted 11/26/13; case activity Issue certified: Wisconsin Stat. § 980.02(1m) and (2) require that a commitment petition be filed “before the person is released or discharged” and allege that a person has been convicted of a sexually violent offense. Does § 980.02 additionally require that the commitment petition be filed before the person… Read more
3. Pretrial
on review of published decision; for Gilbert: William J. Tyroler, SPD, Milwaukee Appellate; for Hunt: Eric James Van Schyndle, Leah Stoecker, Allison E. Cimpl-Wiemer; case activity (Gilbert), case activity (Hunt) SVP – Pre-Commitment Return to DOC Custody Issues (Composed by On Point): Whether the State may bring a Wis. Stat. ch. 980 commitment petition to judgment when the respondent is in… Read more
State v. Carl Cornelius Gilbert, Jr. / State v. Price T. Hunt, 2011 WI App 61, affirmed 2012 WI 72 (recommended for publication); for Gilbert: William J. Tyroler, SPD, Milwaukee Appellate; for Hunt: Eric James Van Schyndle, Leah Stoecker, Allison E. Cimpl-Wiemer; case activity (Gilbert), case activity (Hunt); affirmed, 2012 WI 72 SVP – Pre-Commitment… Read more
State ex rel Frederick Lee Pharm v. Bartow, 2007 WI 13, affirming 2005 WI App 215 For Pharm: Jon G. Furlow, Nia Enemuch-Trammell,Roisin H. Bell (Pro Bono) Issue: Whether, following Pharm’s release in another state prison on life-time parole and his return here under the IAD to serve a Wisconsin sentence, he was subject to ch. 980 commitment… Read more
State v. Jonathan Bell, 2006 WI App 30 For Bell: Leonard D. Kachinsky Issue: Whether intervention of the local prosecutor to obtain a second DOC evaluation, which resulted in a referral for SVP commitment after the first DOC evaluation determined insufficient likelihood of reoffending, violated ch. 980 or due process. Holding: ¶11 Our supreme court… Read more
State v. Tremaine Y., 2005 WI App 56, PFR filed 3/4/05 For Tremaine: Robert W. Peterson, Samantha Jeanne Humes, SPD, Milwaukee TrialI Issue: Whether a ch. 980 petition is supported against a juvenile who was not placed in a secured correctional facility following the original adjudication on the qualifying sexually violent offense but was subsequently placed in… Read more
State v. Steven J. Burgess, 2003 WI 71, affirming 2002 WI App 264; habeas relief denied, Steven J. Burgess v. Watters, 467 F.3d 676 (7th Cir 2006) For Burgess: Steven P. Weiss, SPD, Madison Appellate Issue: Whether ch. 980 jurisdiction attaches to Native Americans who: are members of a tribe, residents of the tribe’s reservation… Read more
State v. Harris D. Byers, 2003 WI 86, reversing unpublished opinion of court of appeals For Byers: Jack E. Schairer & Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶26. A review of the placement of the provisions, together with the legislative history, reflects an intent to create a step-by-step process that must be followed before… Read more
