State v. Owen Budd, 2007 WI App 245 For Budd: Steven P. Weiss, SPD, Madison Appellate Issue: Whether the trial court erred in admitting evidence as to the “screening process” for referring SVP cases, which had the effect of informing the jury that fewer than 5% of eligible sex offenders are selected for commitment proceedings. Holding… Read more
H. Ch. 980, SVPs
State v. Barry L. Smalley, 2007 WI App 219, PFR filed 10/19/07 For Smalley: Donald T. Lang, SPD, Madison Appellate Issue/Holding: “(T)he phrase ‘more likely than not’ in the statute means what it says: that an event is more likely to occur than not to occur; that is, has a greater than 50% chance of happening. Thus… Read more
State v. Barry L. Smalley, 2007 WI App 219, PFR filed 10/19/07 For Smalley: Donald T. Lang, SPD, Madison Appellate Issue/Holding: ¶18 Smalley notes that the actuarial instruments fail to take an individual’s mental disorder into account, and that they therefore predict dangerousness in general, rather than dangerousness due to mental disorder. He argues that because… Read more
State v. Steven C. Feldmann, 2007 WI App 35, PFR filed 3/23/07 For Feldmann: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: The ch. 980 omission of required proof of a recent overt act of sexual violence does not violate equal protection, as compared with the ch. 51 mental health commitment requirement of proof of a recent overt… Read more
State v. Scott R. Nelson, 2007 WI App 2, PFR filed 1/22/07 For Nelson: Joseph L. Sommers Issue/Holding: ¶15 … Even under the “more likely than not” standard, there must be a strong nexus between the person’s mental disorder and that person’s level of dangerousness. Under this standard, the likelihood that the person will engage in… Read more
State v. Barry L. Smalley, 2007 WI App 219, PFR filed 10/19/07 For Smalley: Donald T. Lang, SPD, Madison Appellate Issue/Holding: State SVP expert’s unobjected-to misstatement of test for measuring reoffense risk (“more likely than not” means “any chance greater than zero” rather then more than 50%) didn’t support reversal in the interest of justice: ¶10 First… Read more
State v. Charles W. Mark, 2006 WI 78, affirming 2005 WI App 62, 2005 WI App 62 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue: Whether evidence of probation supervision was relevant to future dangerousness, and therefore should have been admitted into evidence. Issue: ¶41 … (T)he plain language of Wis. Stat. § 980.01(7)… Read more
State v. Shawn D. Schulpius, 2006 WI 1, affirming, 2004 WI App 39 For Schulpius: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding1: Failure to place Schulpius on court-ordered supervised release did not “shock the conscience,” hence did not violate substantive due process, where the failure occurred despite good-faith, substantial efforts to comply with the order, ¶31… Read more
