H. Ch. 980, SVPs

State v. Shermell G. Tabor, / State v. Ronald Irvin Ryan, 2005 WI App 107 For Tabor / Ryan: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: Legislative modification of the definition of SVP “dangerousness” (2003 Wis Act 187, §§ 2, 2m, amending §§ 980.01(7) and 980.02(2)(c); reducing the necessary showing from “substantial probability” to mere likelihood of sexual violence) has an effective… Read more

State v. Robert M. Fowler, 2005 WI App 41, PFR filed 3/9/05For Fowler: Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: ¶30 Dr. Harasymiw’s report concludes that Fowler still is a sexually violent person. This was sufficient to support the trial court’s conclusion that it was substantially probable that Fowler would engage in acts of sexual… Read more

State v. Tremaine Y., 2005 WI App 56, PFR filed 3/4/05 For Tremaine: Robert W. Peterson, Samantha Jeanne Humes, SPD, Milwaukee TrialI Issue: Whether a ch. 980 petition is supported against a juvenile who was not placed in a secured correctional facility following the original adjudication on the qualifying sexually violent offense but was subsequently placed in… Read more

State v. Ervin Burris, 2004 WI 91, affirming 2002 WI App 262, 258 Wis. 2d. 454, 654 N.W.2d 866 For Burris: Joseph L. Sommers Issue/Holding: ¶73. Judge Welker found that Burris disregarded the rules of his supervised release in order to satisfy his compulsive urges. Burris consumed alcohol, a drug that lowers inhibitions. He abused… Read more

State v. Richard A. Brown III, 2004 WI App 33, reversed on other grounds, 2005 WI 29 For Brown: Steven P. Weiss, SPD, Madison Appellate Issue: Whether, at a § 980.08 supervised release hearing, an expert’s report filed under § 980.08(3) may be introduced into evidence, though hearsay and though the author does not testify… Read more

State v. Gregory J. Franklin, 2004 WI 38, affirming unpublished decision of court of appeals For Franklin: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶16. In order to be admissible in a ch. 980 proceeding, all evidence must be relevant and that relevance must not be outweighed by the danger of unfair prejudice. Wis. Stat. § 904.01… Read more

State v. Dennis Thiel, 2004 WI App 225 For Thiel: Suzanne L. Hagopian, SPD, Madison Appellate Issue1: Whether the court must appoint an examiner for the subject under § 980.08(3) when it has already appointed one under § 980.08(4). Holding: ¶17. The parties agree that the language of Wis. Stat. § 980.08(3) requires the circuit… Read more