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
c. Sufficiency of evidence
State v. Dennis R. Thiel (I), 2000 WI 67, 235 Wis. 2d 823, 612 N.W.2d 94, on certification from court of appeals For Thiel: John D. Lubarsky, SPD, Madison Appellate Issue: Whether the ch. 980 respondent waived his objection to insufficient proof by absence of objection. Holding: “(T)he subject of a commitment petition under ch… Read more
State v. Kenneth Parrish, 2002 WI App 263, PFR filed 11/11/02 For Parrish: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: Although evidence of volitional impairment is required and in this bench trial the trial court erred in commenting to the contrary, ¶35, the court in fact found the existence of such evidence, ¶36… Read more
State v. Eric Pletz, 2000 WI App 221, 239 Wis.2d 49, 619 N.W.2d 97 For Pletz: Michael J. Backes Issue: Whether the evidence was sufficient to support a finding that the 980 subject suffered from a qualifying mental disorder, given that the experts split on the issue. Holding: ¶15 Pletz argues that the two psychologists… Read more
State v. Frank Curiel, 227 Wis.2d 389, 597 N.W.2d 697 (1999), affirming unpublished decision For Curiel: Jack. C. Hoag, Sedor & Hoag Holding: “¶6. …. We hold that appellate court review of challenges to the sufficiency of the evidence in ch. 980 proceedings should be that standard applied in criminal cases.” Curiel argues that the… Read more
State v. Frank Curiel, 227 Wis.2d 389, 597 N.W.2d 697 (1999), affirming unpublished decision For Curiel: Jack. C. Hoag, Sedor & Hoag. Issue/Holding: “¶7 Is the verdict of the court supported by the evidence? We hold that the evidence adduced at trial was sufficient to support the commitment of the defendant under Wis. Stat. ch… Read more
State v. Paul Matek, 223 Wis.2d 611, 589 N.W.2d 441 (Ct. App. 1998) For Matek: Russell Bohach Holding: Evidence to support ch. 980 SVP verdict sustained: the diagnosis took into account Matek’s refusal to participate in treatment, and therefore the verdict “was not based solely on his prior bad acts.”… Read more
State v. Ronald J. Zanelli (II), 223 Wis.2d 545, 589 N.W.2d 687 (Ct. App. 1998) For Zanelli: Jane K. Smith. Holding: Second time’s not the charm for Zanelli, who won his 1st appeal, State v. Zanelli (I), 212 Wis. 2d 358, 569 N.W.2d 301 (Ct. App. 1997). On this subsequent appeal, the court holds the… Read more
