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
4. Trial
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State v. Gregory J. Franklin, 2004 WI 38, affirming unpublished decision of court of appeals For Franklin: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶16.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
State v. Joseph A. Lombard, 2004 WI App 52, PFR filed 3/19/04 For Lombard: David Karpe Issue: Whether, in response to a jury question during deliberations in this SVP discharge trial, the trial court was obligated to instruct that if Lombard were discharged he would still be subject to 40 years of probation / parole… Read more
State v. Jesse J. Madison, 2004 WI App 46, PFR filed 3/12/04 For Madison: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶5. Alternatively, Madison argues that he has a constitutional right, on equal protections grounds, to a special verdict. See Wis. Const. art. I, § 1. This equal protection argument stems from an alleged disparate application of special verdicts… Read more
State v. Jesse J. Madison, 2004 WI App 46, PFR filed 3/12/04For Madison: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶3. Madison first claims that he has a statutory right to a special verdict under Wis. Stat.§ 805.12(1). See State v. Rachel, 224 Wis. 2d 571, 575, 591 N.W.2d 920 (Ct. App. 1999) (Wis. Stat. ch. 980 proceedings are… Read more
State v. Shawn Virlee, 2003 WI App 4, PFR filed 1/3/03 For Virlee: Jack E. Schairer Issue/Holding: Barring introduction of the post-petition grant of sentence credit was proper: this evidence “would have been irrelevant to whether the State filed its petition within ninety days of Virlee’s release and would have confused the jury on this… Read more
