State v. Christopher L. Combs, 2006 WI App 137, PFR filed, 7/20/06 For Combs: Steven D. Phillips, SPD, Madison Appellate Issue: Whether, on a petition for discharge of an SVP commitment, § 980.09(2)(b), the trial court can refuse to hold a hearing where, although the court-appointed expert concludes that the person was not sufficiently predisposed… Read more
6. Post-disposition
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
State v. Richard A. Brown, 2005 WI 29, reversing 2004 WI App 33, 269 Wis. 2d 750, 767 N.W.2d 555 For Brown: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶8. The issue presented by the parties in the instant case is whether a circuit court’s denial of a chapter 980 petition for supervised release should be classified… Read more
State v. Richard A. Brown, 2005 WI 29, reversing 2004 WI App 33, 269 Wis. 2d 750, 767 N.W.2d 555 For Brown: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: Where the only witness at Brown’s supervised release hearing was an expert who supported release, and the evidence indisputably showed favorable response to treatment, the State failed to meet… Read more
State v. Richard A. Brown, 2005 WI 29, reversing 2004 WI App 33, 269 Wis. 2d 750, 767 N.W.2d 555 For Brown: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶11. According to Wis. Stat. § 980.08(4), the circuit court starts in the position of having to grant a petition for supervised release. The circuit court… Read more
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. Ervin Burris, 2004 WI 91, affirming 2002 WI App 262, 258 Wis. 2d. 454, 654 N.W.2d 866 For Burris: Joseph L. Sommers Issue/Holding: ¶73. Judge Welker found that Burris disregarded the rules of his supervised release in order to satisfy his compulsive urges. Burris consumed alcohol, a drug that lowers inhibitions. He abused… Read more
State v. Richard A. Brown III, 2004 WI App 33, reversed on other grounds, 2005 WI 29 For Brown: Steven P. Weiss, SPD, Madison Appellate Issue: Whether, at a § 980.08 supervised release hearing, an expert’s report filed under § 980.08(3) may be introduced into evidence, though hearsay and though the author does not testify… Read more
