State v. Eric James Hendrickson, 2010AP1181, District 3/4, 3/10/11 court of appeals decision (not recommended for publication); for Hendrickson: Jefren E. Olsen, SPD, Madison Appellate; case activity Under State v. Laxton, 2002 WI 82, 254 Wis. 2d 185, 647 N.W.2d 784, proof of a mental disorder implicitly proves requisite risk of sexually violent recidivism (“serious… Read more
b. Discharge procedure
State v. Kenneth R. Parrish, 2010AP809, District 1, 2/15/11 court of appeals decision (3-judge, not recommended for publication); for Parrish: Ellen Henak, SPD, Milwaukee Appellate; case activity; Parrish BiC; State Resp.; Reply SVP – Petition for Discharge – Request for Independent Examiner Parrish’s failure to unequivocally request appointment of an independent examiner dooms his argument… Read more
State v. Walter Allison, Jr., 2010 WI App 103; for Allison: Ellen Henak, SPD, Milwaukee Appellate; BiC; Resp.; Reply Summary judgment in favor of discharge isn’t an available option under § 980.09. ¶18 Applying the principles governing statutory interpretation to Wis. Stat. § 980.09, it is clear that the legislature explicitly prescribed a different procedure from those… Read more
State v. Daniel Arends, 2010 WI 46, affirming as modified, 2008 WI App 184; for Arends: Leonard D. Kachinsky Procedure clarified for handling discharge petitions under recently amended § 908.09 : ¶3 We conclude that § 980.09 requires the circuit court to follow a two-step process in determining whether to hold a discharge hearing. ¶4 Under… Read more
State v. Daniel Arends, 2008 WI App 184, PFR granted 2/10/09 For Arends: Leonard D. Kachinsky Issue: Whether § 980.09 (2005-06) grants the circuit court a greater “gatekeeper role” than the prior statute in ordering an evidentiary hearing on a discharge petition. Holding: ¶22 The State’s premise that the new statute grants the circuit court a greater… Read more
State v. Daniel Arends, 2008 WI App 184, PFR granted 2/10/09 For Arends: Leonard D. Kachinsky Issue/Holding: ¶14 Unlike the previous statutory provision, the current Wis. Stat. § 980.09 does not distinguish between petitions made with or without the approval of the DHFS secretary. Furthermore, a discharge petition no longer automatically triggers a probable cause hearing. Rather… Read more
State v. Daniel Arends, 2008 WI App 184, PFR granted 2/10/09 For Arends: Leonard D. Kachinsky Issue/Holding: ¶24 In his petition, Arends alleged that his condition had changed such that he no longer met the definition of a sexually violent person because (1) “the passage of time demonstrated that anti-social behavior expected under an earlier diagnosis… Read more
State v. Robert L. Kruse, 2006 WI App 179, PFR filed 9/11/06 For Kruse: Donald T. Lang, SPD, Madison Appellate Issue/Holding1: ¶2 We agree with Kruse that at a probable cause hearing under Wis. Stat. §980.09(2)(a), the role of the circuit court is to determine whether there is plausible testimony or evidence that, if believed… Read more
