State v. Carl Kaminski, 2009 WI App 175 For Kaminski: Donald T. Lang, SPD, Madison Appellate Issue/Holding: Testimony by a state’s expert to the effect that the only treatment program for psychopaths is at Sand Ridge did not require a new trial under the theory that it implicitly suggested commitment would be in the community’s and… Read more
c. Evidence
State v. Owen Budd, 2007 WI App 245 For Budd: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: Evidence that SVP respondent would be under DOC supervision if not committed under ch. 980 properly excluded as irrelevant, ¶¶8-14 (“the fact of supervision is irrelevant to whether Budd is a sexually violent person under § 980.01(7),” ¶14).The court… Read more
State v. Owen Budd, 2007 WI App 245 For Budd: Steven P. Weiss, SPD, Madison Appellate Issue: Whether the trial court erred in admitting evidence as to the “screening process” for referring SVP cases, which had the effect of informing the jury that fewer than 5% of eligible sex offenders are selected for commitment proceedings. Holding… Read more
State v. Barry L. Smalley, 2007 WI App 219, PFR filed 10/19/07 For Smalley: Donald T. Lang, SPD, Madison Appellate Issue/Holding: ¶18 Smalley notes that the actuarial instruments fail to take an individual’s mental disorder into account, and that they therefore predict dangerousness in general, rather than dangerousness due to mental disorder. He argues that because… Read more
State v. Steven C. Feldmann, 2007 WI App 35, PFR filed 3/23/07 For Feldmann: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: The ch. 980 omission of required proof of a recent overt act of sexual violence does not violate equal protection, as compared with the ch. 51 mental health commitment requirement of proof of a recent overt… Read more
State v. Barry L. Smalley, 2007 WI App 219, PFR filed 10/19/07 For Smalley: Donald T. Lang, SPD, Madison Appellate Issue/Holding: State SVP expert’s unobjected-to misstatement of test for measuring reoffense risk (“more likely than not” means “any chance greater than zero” rather then more than 50%) didn’t support reversal in the interest of justice: ¶10 First… Read more
State v. Charles W. Mark, 2006 WI 78, affirming 2005 WI App 62, 2005 WI App 62 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue: Whether evidence of probation supervision was relevant to future dangerousness, and therefore should have been admitted into evidence. Issue: ¶41 … (T)he plain language of Wis. Stat. § 980.01(7)… Read more
State v. Gregory J. Franklin, 2004 WI 38, affirming unpublished decision of court of appeals For Franklin: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶16. In order to be admissible in a ch. 980 proceeding, all evidence must be relevant and that relevance must not be outweighed by the danger of unfair prejudice. Wis. Stat. § 904.01… Read more
