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
g. Probable cause hearing
State v. John J. Watson, 227 Wis.2d 167, 595 N.W.2d 403 (1999), reversing unpublished decision For Watson: Richard D. Martin, SPD, Milwaukee Appellate Holding: For fact-specific reasons, the state established probable cause to proceed with this 980 case; bindover is established by more than reliance on inadmissible hearsay… Read more
State v. Fredrick J. Brissette, 230 Wis.2d 82, 601 N.W.2d 678 (Ct. App. 1999) For Brissette: John D, Lubarsky, SPD, Madison Appellate Issue: Whether failure to hold a probable cause hearing within 72 hours of the filing of a Ch. 980 petition causes the court to lose competency to proceed. Holding: The 72-hour requirement for… Read more
State v. Matthew A.B., 231 Wis.2d 688, 605 N.W.2d 598 (Ct. App. 1999) For Matthew A.B.: Mary E. Waitrovich, SPD, Madison Appellate Issue: Whether the probable cause hearing was held within 72 hours of filing of the Ch. 980 petition, as required by § 980.04(2). Holding: The trial court’s finding that the hearing was held… Read more
