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
7. Appeal
State v. Thomas H. Bush (II), 2004 WI App 193, reversed in part, 2005 WI 103 For Bush: Robert G. LeBell Issue: Whether Bush, on appeal from denial of petition for release from SVP commitment, § 980.09(2), is procedurally barred from challenging the constitutionality of his underlying commitment because he could have raised such challenge… Read more
State v. Steven J. Burgess, 2003 WI 71, affirming 2002 WI App 264, 258 Wis. 2d 548, 654 N.W.2d 81 For Burgess: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶25. Burgess challenges his commitment based on the use of actuarial instruments in his chapter 980 commitment proceeding because they did not take into account his… Read more
State v. Steven J. Burgess, 2003 WI 71, affirming 2002 WI App 264, 258 Wis. 2d 548, 654 N.W.2d 81 For Burgess: Steven P. Weiss, SPD, Madison Appellate Issue: Whether the evidence was sufficient, where the state’s expert conceded that respondent could conform his conduct to requirements of the law. Holding: ¶29. Nevertheless, Burgess claims… Read more
State v. Joseph A. Lombard, 2003 WI App 163, affirmed, other grounds, 2004 WI 95 For Lombard: David R. Karpe Issue/Holding: Evidence sufficient to support commitment though only one state’s expert supported commitment against three defense experts: ¶21 … The State’s expert, a psychologist who evaluated Lombard for the purpose of determining whether proceedings under… Read more
State v. James Lalor, 2003 WI App 68, PFR filed 4/15/03 For Lalor: T. Christopher Kelly Issue/Holding: Evidence based on actuarial instruments (RRASOR; PCL-R; MnSOST-R; V-RAG), to the effect that of people with similar scores about 50% reoffend within five years and 70% within ten years, supports finding of substantial likelihood to engage in sexual… Read more
State v. Thomas Treadway, 2002 WI App 195 For Treadway: Lynn E. Hackbarth Issue/Holding: The evidence was sufficient, where a qualified psychologist testified that respondent had two disorders (paraphilia and personality disorder)… Read more
State ex rel Edwin C. West v. Bartow, 2002 WI App 42 For West: Leonard D. Kachinsky Issue: Whether the court had discretion to order change of venue from Winnebago (county of current SVP confinement) to Milwaukee (county of commitment), on habeas challenge to the commitment. Holding: Venue was proper in Winnebago under § 801.50(4)(b)… Read more
