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
6. Post-disposition
State v. Tory L. Rachel, 2010 WI App 60; for Rachel: Donald T. Lang, SPD, Madison Appellate; BiC; Resp. Br.; Reply Br. SVP – Supervised Release Hearing: Burden of Proof on Petitioner Under revisions to § 980.08 wrought by 2005 Wis. Act 434 (eff. date 8/1/06), the burden of proof has been shifted from the… 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. Shawn D. Schulpius, 2006 WI 1, affirming, 2004 WI App 39 For Schulpius: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding1: Failure to place Schulpius on court-ordered supervised release did not “shock the conscience,” hence did not violate substantive due process, where the failure occurred despite good-faith, substantial efforts to comply with the order, ¶31… Read more
State v. Shawn D. Schulpius, 2006 WI 1, affirming, 2004 WI App 39 For Schulpius: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: An order granting the State’s motion to reconsider an SVP’s supervised release was final and appealable: ¶26 We disagree with Schulpius’s characterization of the November 2000 order. Even though the circuit court did not… 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
