State v. Dennis Thiel, 2004 WI App 225 For Thiel: Suzanne L. Hagopian, SPD, Madison Appellate Issue1: Whether the court must appoint an examiner for the subject under § 980.08(3) when it has already appointed one under § 980.08(4). Holding: ¶17. The parties agree that the language of Wis. Stat. § 980.08(3) requires the circuit… Read more
6. Post-disposition
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State v. William L. Morford, 2004 WI 5, on review of unpublished decision For Morford: Lynn E. Hackbarth Issue/Holding: ¶41 The State urges us to hold that Wis. Stat. § 980.08(6m), not § 806.07(1)(h), applies and the State seeks relief from a chapter 980 committee’s status of supervised release when the committee has not yet… 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: Whether, on revocation of supervised release of a sexually violent person, § 980.06(2)(d) (1997-98), the circuit “court must, for any reason, expressly consider alternatives to revocation before revoking supervised release… Read more
State ex rel. William E. Marberry v. Macht, 2003 WI 79, reversing 2002 WI App 133, 254 Wis. 2d 690, 648 N.W.2d 522; prior history omitted For Marberry: Donald T. Lang, SPD, Madison Appellate Issue/Holding: ¶19. As we have noted, Chapter 980 is a civil commitment statute with dual objectives: protection of the public and treatment of… 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
Richard Thielman v. Leean, 2002 WI App 33 Companion case: Thielman v. Leean, 282 F.3d 478 (7th Cir. 2002)For Thielman: Mary Kennelly Issue/Holding: ¶1. The Department of Health and Family Services (DHFS) appeals the circuit court’s order enjoining DHFS from transporting Richard Thielman and similarly committed ch. 980 patients to and from treatment facilities such as… Read more
