c. Sufficiency of evidence

State v. Jamie Lane Stephenson, 2018AP2104, petition to review a published court of appeals decision granted 3/17/20; case activity Issues: To prove that a person meets the criteria for commitment under Chapter 980, must the state present expert opinion testimony that the person is “dangerous” as defined under ch. 980? Should the standard of review… Read more

Winnebago County v. Donna H., 2013AP80, District 2, 7/31/13; court of appeals decision (1-judge; ineligible for publication); case activity Applying the supreme court’s recent decision in Outagamie County v. Melanie L., 2013 WI 67, the court of appeals concludes Winnebago County failed to show Donna H. is not competent to refuse medication. The applicable statute, § 55.14(1)(b), requires… 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. 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