State v. Edward Cotton, 2013AP452, District 1, 1/7/14; court of appeals decision (not recommended for publication); case activity At the hearing on Cotton’s petition for discharge from his ch. 980 commitment the state’s experts testified that Cotton’s high psychopathy coupled with his sexual deviance raised his risk to reoffend. They also opined that sex offender… Read more
b. Discharge procedure
State v. Ronald Knipfer, 2014 WI App 9, petition for review granted, 5/23/14, affirmed, 2015 WI 3; case activity In this follow-up to the recent decision in State v. Alger, 2013 WI App 148, ___ Wis. 2d ___, ___ N.W.2d ___, the court of appeals rejects two constitutional challenges to the legislation that limits the newly-adopted… Read more
State v. Michael Alger, 2013 WI App 148, petition for review granted, 5/23/14, affirmed, 2015 WI 3; case activity In this important decision addressing an issue that’s been percolating in ch. 980 cases, the court of appeals holds that the Daubert standard for expert testimony does not apply to any proceedings in a ch. 980 case… Read more
State v. Bradley M. Jones, 2013 WI App 151; case activity ¶1 …. Wisconsin Stat. § 980.07 (2011-12) mandates annual reexamination of persons committed to secure treatment facilities as sexually violent persons. Following the Department of Health Services’ annual reexamination, Bradley M. Jones requested and was denied appointment of an independent examiner and counsel prior to review of… Read more
State v. Shawn David Schulpius, 2012 WI App 134; court of appeals decision (recommended for publication); case activity SVP Discharge Hearing – Showing Required, § 980.09(2) Before granting discharge hearing on a ch. 980 petition, the circuit court must satisfy itself that the petition answers two concerns: First, under § 980.09(1) “paper-review” determination, the petition alleges sufficient facts… Read more
State v. Kenneth Roberts, 2012AP266, District 3, 10/11/12 court of appeals decision (not recommended for publication); case activity Discharge hearing wasn’t required on petition, where the sole expert opinion affirmed a high risk of recividism based on “dynamic” factors, notwithstanding that revised actuarial scoring methodology yielded a lower risk for “static” factors. State v. Arends, 2010… Read more
State v. Charles M. Ermers, Jr., 2011 WI App 113 (recommended for publication); for Ermers: Steven D. Phillips, SPD, Madison Appellate; case activity A ch. 980 discharge hearing requires that the petitioner allege “facts from which the court or jury may conclude the person’s condition has changed since the date of his or her initial… Read more
State v. Herbert O. Richard, 2011 WI App 66 (recommended for publication); for Richard: Steven D. Grunder, SPD, Madison Appellate; case activity Changes in the scoring of the actuarial test which was used to support Richard’s commitment at his original trial, cannot support his discharge petition even though his new score would reduce his predicted likelihood… Read more
