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6. Post-disposition

Court of appeals: maybe 3>4

State v. Roy C. O’Neal, 2020AP1270, 6/2/21, District 3 (not recommended for publication); case activity (including briefs) A person who’s been indefinitely committed under ch. 980 is entitled to a discharge trial if he can show … well, er, nobody really knows what he has to show. In State v. Hager, our supreme court failed… Read more

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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

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State v. Rodney Timm, 2019AP1922, District 3, 7/21/20 (not recommended for publication); case activity (including briefs) If you handle ch. 980 cases you know that 2013 Wis. Act 84 changed the legal standard under § 980.09 for determining whether a person committed under ch. 980 is entitled to a discharge hearing. But you don’t know… Read more

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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

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State v. Michael McGee, 2017 WI App 39; case activity (including briefs) This is an important decision for the few, the happy few, who represent persons committed under ch. 980 in seeking supervised release. The court of appeals holds that the municipalities in which a committed person may be placed have the right to intervene in supervised release… Read more

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State v. David Hager, 2015AP330, and State v. Howard Carter, 2015AP1311, petitions for review granted 5/15/17, reversed 4/19/18; review of published court of appeals decisions (Hager) (Carter); case activity (Hager) (Carter) (including briefs) We’ve posted on these cases a few times. The first time was when the court of appeals certified them (together) to the supreme court. The supreme… Read more

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State v. Thornon F. Talley, 2017 WI 21, 3/9/17, affirming an unpublished summary court of appeals order; case activity (including briefs) Thornon Talley, who is committed as a sexually violent person under Wis. Stat. ch. 980, filed a petition for discharge from that commitment in 2012. The circuit court denied the petition without a hearing. The supreme… Read more

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State v. Carter, 2017 WI App 9, petition for review granted 5/15/17; case activity (including briefs) This case is a companion to State v. Hager, in which the court held that the amended discharge statute does not require a committed person to prove he is not dangerous in order to get a discharge trial. Carter… Read more

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