State v. Henry Pocan, 2003 WI App 233 For Pocan: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: Pocan established probable cause for a discharge hearing where the psychologist conducting the reevaluation and using actuarial tables unavailable at the time of original commitment found no substantial probability of reoffending: ¶11. The State argues that Wis. Stat… Read more
H. Ch. 980, SVPs
State v. Shawn Virlee, 2003 WI App 4, PFR filed 1/3/03 For Virlee: Jack E. Schairer Issue: Whether ch. 980 violates due process and/or equal protection because it doesn’t allow for pretrial release. Holding: ¶14. We decline to address Virlee’s due process and equal protection arguments because he fails to establish, and we do not see, how… Read more
State v. Ray A. Schiller, 2003 WI App 195 For Schiller: Jack E. Schairer, SPD, Madison Appellate Issue/Holding: ¶11. However, a “serious difficulty in controlling behavior” is not about whether a person has the ability to make choices….¶12. The Crane Court further indicated that we must not only consider whether the person has the ability… 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
State v. John Lee Laxton, 2002 WI 82, affirming unpublished court of appeals decision (Affirmed on habeas review, John L. Laxton v. Bartow, 421 F.3d 565 (7th Cir 2005)) For Laxton: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether ch. 980 is unconstitutional by failing to adequately narrow the class of commitment subjects to those with serious difficulty controlling… Read more
State v. John Lee Laxton, 2002 WI 82, affirming unpublished court of appeals decision (Affirmed on other grounds, habeas review, John L. Laxton v. Bartow, 421 F.3d 565 (7th Cir 2005)) For Laxton: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether the jury instructions adequately conveyed the requirement of mental disorder causing serious difficulty in… Read more
State v. Ronald G. Sorenson, 2002 WI 78, affirming as modified, 2001 WI App 251, 248 Wis. 2d 237, 635 N.W.2d 787 For Sorenson: T. Christopher Kelly Issue: Whether, given the constitutional protections afforded Ch. 980 respondents, issue preclusion applies so as to prevent Sorenson from attacking the reliability of his qualifying conviction with evidence… Read more
