State v. Frederick L. Pharm, 2000 WI App 167, 238 Wis. 2d 97, 617 N.W.2d 163 For Pharm: Jack E. Schairer Issue: Whether conviction under the since-repealed statute of indecent behavior with a child may serve as a predicate offense for a Ch. 980 commitment. Holding: “(T)he legislature clearly intended to include, within the definition… Read more
3. Pretrial
State v. John J. Watson, 227 Wis.2d 167, 595 N.W.2d 403 (1999), reversing unpublished decision For Watson: Richard D. Martin, SPD, Milwaukee Appellate Holding: For fact-specific reasons, the state established probable cause to proceed with this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. Tory L. Rachel, 224 Wis.2d 571, 591 N.W.2d 920 (Ct. App. 1999). For Rachel: Donald T. Lang, SPD, Madison Appellate. Holding: Tory L. Rachel appeals a nonfinal order of the trial court ruling that the findings and conclusions of a court-appointed expert are subject to discovery in a ch. 980, STATS., proceeding. Because… 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
