State v. Shawn Virlee, 2003 WI App 4, PFR filed 1/3/03 For Virlee: Jack E. Schairer Issue: Whether post-petition grant of jail credit deprived the court of competency to proceed, where the petition was filed within 90 days of the pre-grant release date, but would be untimely when calculated against the post-grant date. Holding: ¶17… Read more
3. Pretrial
State v. Shawn Virlee, 2003 WI App 4, PFR filed 1/3/03 For Virlee: Jack E. Schairer Issue: Whether ch. 980 violates due process and/or equal protection because it doesn’t allow for pretrial release. Holding: ¶14. We decline to address Virlee’s due process and equal protection arguments because he fails to establish, and we do not see, how… Read more
State v. Ronald G. Sorenson, 2002 WI 78, affirming as modified, 2001 WI App 251, 248 Wis. 2d 237, 635 N.W.2d 787 For Sorenson: T. Christopher Kelly Issue: Whether, given the constitutional protections afforded Ch. 980 respondents, issue preclusion applies so as to prevent Sorenson from attacking the reliability of his qualifying conviction with evidence… Read more
SVP Commitment: Claim/Issue Preclusion – Prior Dismissal of Petition at Trial for Insufficient Proof
State v. Kenneth Parrish, 2002 WI App 263, PFR filed 11/11/02 For Parrish: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether a 980 petition was barred because a prior petition was dismissed at trial for insufficient proof, but the respondent was subsequently returned to prison on a parole revocation for a violation not involving an act… Read more
State v. Thomas Treadway, 2002 WI App 195 For Treadway: Lynn E. Hackbarth Issue: Whether the state’s petition was timely, where the respondent had already completed his sentence on the qualifying conviction but was serving concurrent sentences with the controlling sentence a non-qualifying conviction. Holding: State v. Keith, 216 Wis. 2d 61, 573 N.W.2d 888 (Ct… Read more
State v. Deryl B. Beyer, 2001 WI App 167, PFR filed For Beyer: Jack E. Schairer, SPD, Madison Appellate Issue1: Whether the trial court lost competence because the 72-hour time limit for a probable cause hearing, imposed by § 980.04(2), had passed. Holding: Although the statutory time limit uses the term “shall,” it is directory rather than… Read more
State v. Aaron K. Gibbs, 2001 WI App 83, 242 Wis. 2d 640, 625 N.W.2d 666 For Gibbs: Donna L. Hintze, SPD, Madison Appellate Issue: Whether a delinquency adjudication under former Wis. Stat. Ch. 48 (1993-94) supports a Ch. 980 petition. Holding: ¶7 The question is whether in 1997 the circuit court had the authority under… Read more
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 state’s pretrial failure to disclose that its witness used the RRASOR screening instrument to evaluate Pletz violated his discovery rights. Holding: Pletz waived any discovery objection by not promptly objecting, given that he… Read more
