State v. Jamie Lane Stephenson, 2020 WI 92, 12/18/20, affirming a published decision of the court of appeals; case activity (including briefs) A five-justice majority of the supreme court holds that the state does not need to present expert opinion testimony that a person subject to commitment under Chapter 980 is dangerous to others because… Read more
d. Expert
State v. Jamie Lane Stephenson, 2018AP2104, petition to review a published court of appeals decision granted 3/17/20; case activity Issues: To prove that a person meets the criteria for commitment under Chapter 980, must the state present expert opinion testimony that the person is “dangerous” as defined under ch. 980? Should the standard of review… Read more
State v. Jamie Lane Stephenson, 2019 WI App 63, petition for review granted, 3/17/20, affirmed, 2020 WI 92; case activity (including briefs) At a hearing on a committed person’s petition for discharge from a ch. 980 commitment, the state has the burden of proving the person is still a sexually violent person—that is, that the person… 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. 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. Thomas Treadway, 2002 WI App 195 For Treadway: Lynn E. Hackbarth Issue: Whether a probation and parole agent was properly allowed to give an opinion regarding the likelihood of the respondent reoffending. Holding: ¶29. The fact that Kittman was not a psychologist or mental health specialist did not preclude his testimony. Under Wis. Stat… Read more
State v. Bernard G. Tainter, 2002 WI App 296, PFR filed 12/23/02 For Tainter: Jack E. Schairer, SPD, Madison Appellate Issue/Holding: The trial court properly exercised discretion in admitting into evidence actuarial instruments (by determining that they were of the type commonly relied on by experts to assess sex offender risk; and by allowing Tainter… Read more
State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether the trial court erred in refusing to qualify a social worker as an expert in this Ch. 980 supervised release proceeding. Holding: Because the witness had “expertise with respect to treating sex offenders …… Read more
