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
H. Ch. 980, SVPs
State v. Joseph A. Lombard, 2004 WI App 52, PFR filed 3/19/04 For Lombard: David Karpe Issue: Whether, in response to a jury question during deliberations in this SVP discharge trial, the trial court was obligated to instruct that if Lombard were discharged he would still be subject to 40 years of probation / parole… Read more
State v. Dennis R. Thiel, 2004 WI App 140, PFR filed 7/16/04 For Thiel: Suzanne L. Hagopian Issue: Whether an examiner’s recommendation of supervised release established probable cause that Thiel was no longer a sexually violent person and therefore supported a full evidentiary hearing on release, pursuant to § 980.09(2). Holding: ¶15. Thiel’s claim falls… Read more
State v. Dennis R. Thiel, 2004 WI App 140, PFR filed 7/16/04 For Thiel: Suzanne L. Hagopian Issue/Holding: ¶27. We now turn to the second issue on appeal-that being, whether Thiel’s due process rights were violated because the circuit court failed to initiate proceedings following remand by this court and therefore nothing occurred until Thiel… Read more
State v. Jesse J. Madison, 2004 WI App 46, PFR filed 3/12/04 For Madison: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶5. Alternatively, Madison argues that he has a constitutional right, on equal protections grounds, to a special verdict. See Wis. Const. art. I, § 1. This equal protection argument stems from an alleged disparate application of special verdicts… Read more
State v. Jesse J. Madison, 2004 WI App 46, PFR filed 3/12/04For Madison: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶3. Madison first claims that he has a statutory right to a special verdict under Wis. Stat.§ 805.12(1). See State v. Rachel, 224 Wis. 2d 571, 575, 591 N.W.2d 920 (Ct. App. 1999) (Wis. Stat. ch. 980 proceedings are… Read more
State v. William L. Morford, 2004 WI 5, on review of unpublished decision For Morford: Lynn E. Hackbarth Issue/Holding: ¶41 The State urges us to hold that Wis. Stat. § 980.08(6m), not § 806.07(1)(h), applies and the State seeks relief from a chapter 980 committee’s status of supervised release when the committee has not yet… 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: Whether, on revocation of supervised release of a sexually violent person, § 980.06(2)(d) (1997-98), the circuit “court must, for any reason, expressly consider alternatives to revocation before revoking supervised release… Read more
