State v. Deryl B. Beyer, 2006 WI 2, on certification; prior history: 2001 WI App 167, cert. denied, Beyer v. Wisconsin, 537 U.S. 1210 (2003) For Beyer: Donald T. Lang, SPD, Madison Appellate Issue1: Whether due process was violated by delay of over 22 months between the time the first annual periodic examination report was… Read more
b. Discharge procedure
State v. Robert M. Fowler, 2005 WI App 41, PFR filed 3/9/05For Fowler: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: ¶30 Dr. Harasymiw’s report concludes that Fowler still is a sexually violent person. This was sufficient to support the trial court’s conclusion that it was substantially probable that Fowler would engage in acts of sexual… Read more
State v. Dennis R. Thiel, 2004 WI App 140, PFR filed 7/16/04 For Thiel: Suzanne L. Hagopian Issue: Whether an examiner’s recommendation of supervised release established probable cause that Thiel was no longer a sexually violent person and therefore supported a full evidentiary hearing on release, pursuant to § 980.09(2). Holding: ¶15. Thiel’s claim falls… Read more
State v. Dennis R. Thiel, 2004 WI App 140, PFR filed 7/16/04 For Thiel: Suzanne L. Hagopian Issue/Holding: ¶27. We now turn to the second issue on appeal-that being, whether Thiel’s due process rights were violated because the circuit court failed to initiate proceedings following remand by this court and therefore nothing occurred until Thiel… Read more
State v. Henry Pocan, 2003 WI App 233 For Pocan: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: Pocan established probable cause for a discharge hearing where the psychologist conducting the reevaluation and using actuarial tables unavailable at the time of original commitment found no substantial probability of reoffending: ¶11. The State argues that Wis. Stat… Read more
State v. Glenn Allen Thayer, 2001 WI App 51, 241 Wis. 2d 417, 626 N.W.2d 811 For Thayer: Jane K. Smith Issue: Whether the trial court improperly assigned the burden of persuasion to the inmate at the § 980.09(2)(a) probable cause hearing. Holding: The burden of persuasion is assigned to neither party at a §… Read more
SVP – Postdisposition – Discharge Procedure – Right to full evidentiary hearing after “paper review”
State v. Glenn Allen Thayer, 2001 WI App 51, 241 Wis. 2d 417, 626 N.W.2d 811 For Thayer: Jane K. Smith Issue: Whether the patient was entitled to a full evidentiary hearing on release following the reexamination probable cause “paper review.” Holding: ¶26 A full evidentiary hearing was unwarranted. The only evidence before the trial… Read more
State v. Glenn Allen Thayer, 2001 WI App 51, 241 Wis. 2d 417, 626 N.W.2d 811 For Thayer: Jane K. Smith Issue: Whether the lateness of counsel’s appointment, six days before the paper review probable cause hearing, violated due process. Holding: Construing Thayer’s argument to raise a contention that due to lateness of the appointment… Read more
