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 commitment subject has a right to present an independent medical report at a petition for discharge probable cause hearing, § 980.09(2)(a). Holding: Although a Ch. 980 patient does have the right… Read more
6. Post-disposition
State v. Anthony D.B., 2000 WI 94, ¶11, 237 Wis. 2d 1, 614 N.W.2d 435 For Anthony D.B.: Ellen Henak, SPD, Milwaukee Appellate Issue: Whether a circuit court has authority, on a Ch. 980 commitment, to order involuntary medication. Holding: “Because those individuals committed under ch. 980 are defined as ‘patients’ in Wis. Stat. §… Read more
Edwin C. West v. Macht, 2000 WI App 134, 237 Wis. 2d 265, 614 N.W.2d 34 Issue: Whether living unit reassignment of a Ch. 980 subject was made in retaliation for his exercise of his constitutional right to petition on grievances. Holding: A commitment subject has a protected interest against being punished for exercising first… Read more
State v. Larry J. Sprosty, 227 Wis.2d 316, 595 N.W.2d 692 (1999), afffirming and remanding 221 Wis.2d 401, 585 N.W.2d 637 (Ct. App. 1998). For Sprosty: T. Christopher Kelley, Thomas, Kelly, Habermehl & Mays. Issue/Holding: ¶3 We conclude that a circuit court, in its discretion, may consider the availability of facilities to house or to… Read more
State v. Reuven Seibert, 220 Wis. 2d 308, 582 N.W.2d 745 (Ct. App. 1998) For Seibert: Jane Krueger Smith Issue/Holding: “(W)hether the proceeding is one under the initial ch. 980 commitment or a later petition for supervised release under § 980.08, there is no constitutional or statutory requirement that the State prove the person is… Read more
