State v. Ervin Burris, 2004 WI 91, affirming 2002 WI App 262, 258 Wis. 2d. 454, 654 N.W.2d 866For Burris: Joseph L. SommersIssue: Whether a condition of supervised release, that Burris “avoid all conduct … that is not in the best interest of the public’s welfare or your rehabilitation” provided adequate notice that obtaining a… Read more
6. Post-disposition
Reuben Adams v. Macht, 2001 WI App 10, 241 Wis. 2d 28, 623 N.W.2d 215 Issue: Whether the Wisconsin Resource Center policy prohibiting former employees from visiting the institution is enforceable against a patient seeking visits from a former employee who is also the mother of his child. Holding: The policy is reasonable and based… Read more
State v. Dennis R. Thiel (III), 2001 WI App 32, 241 Wis. 2d 465, 626 N.W.2d 26 For Thiel: John D. Lubarsky, SPD, Madison Appellate Issue: Whether the trial court properly exercised discretion in refusing the indigent’s request for an independent expert on a § 980.07(1) (1997-98) reexamination. Holding: ¶25 The first use of the… 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
State v. Daniel Williams, 2001 WI App 155 For Williams: Adrienne M. Moore, SPD, Racine Trial Issue: Whether the grant of a petition for supervised release (§ 980.08) can be vacated on the basis of a periodic re-examination report (§ 980.07) which is a mere assessment of the same information utilized during the supervised release… Read more
State v. Keith Alan VanBronkhorst, 2001 WI App 190 For VanBronkhorst: Jack E. Schairer, SPD, Madison Appellate Issue: Whether revocation of supervised release from a ch. 980 commitment was properly based on an uncharged rule violation. Holding: ¶9 … “(P)rocedural due process protections afforded in probation or parole revocation proceedings apply to supervised release revocation… Read more
