State v. Kenneth Parrish, 2002 WI App 263, PFR filed 11/11/02 For Parrish: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether a 980 petition was barred because a prior petition was dismissed at trial for insufficient proof, but the respondent was subsequently returned to prison on a parole revocation for a violation not involving an act… Read more
H. Ch. 980, SVPs
SVP Commitment: Claim/Issue Preclusion – Prior Dismissal of Petition at Trial for Insufficient Proof
State v. Kenneth Parrish, 2002 WI App 263, PFR filed 11/11/02 For Parrish: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: The trial court’s rejection of respondent’s post-commitment proffer of an expert, in support of a claim that trial counsel was ineffective for not securing an expert, is sustained, due in particular to the trial court’s… Read more
Richard Thielman v. Leean, 2002 WI App 33 Companion case: Thielman v. Leean, 282 F.3d 478 (7th Cir. 2002)For Thielman: Mary Kennelly Issue/Holding: ¶1. The Department of Health and Family Services (DHFS) appeals the circuit court’s order enjoining DHFS from transporting Richard Thielman and similarly committed ch. 980 patients to and from treatment facilities such as… 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State v. John Lee Laxton, 2002 WI 82, affirming unpublished court of appeals decision (Affirmed on other grounds, habeas review, John L. Laxton v. Bartow, 421 F.3d 565 (7th Cir 2005)) For Laxton: Margaret A. Maroney,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 trial court adequately instructed the jury on “acts of sexual violence.” Holding: ¶28. …… Read more
State v. Richard A. Brown (II), 2002 WI App 260, PFR filed 10/22/02 For Brown: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶16. Brown next argues that the trial court erred in failing to strike a prospective juror for cause and that he was prejudiced by being forced to use one of his peremptory strikes… Read more
State v. Thomas Treadway, 2002 WI App 195 For Treadway: Lynn E. Hackbarth Issue: Whether a respondent is entitled to the number of peremptory challenges prescribed by § 972.03, because of the potential for life-long custody. Holding: Because an SVP respondent is entitled to periodic review, the analogy to a life sentence fails, and peremptory challenges are… Read more
State v. Thomas Treadway, 2002 WI App 195 For Treadway: Lynn E. Hackbarth Issue: Whether the state’s petition was timely, where the respondent had already completed his sentence on the qualifying conviction but was serving concurrent sentences with the controlling sentence a non-qualifying conviction. Holding: State v. Keith, 216 Wis. 2d 61, 573 N.W.2d 888 (Ct… Read more
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
