State v. Bernard G. Tainter, 2002 WI App 296, PFR filed 12/23/02 Issue/Holding: ¶14. Wisconsin Const. art. I, § 7, grants criminal defendants the right to a trial “by an impartial jury of the county or district wherein the offense shall have been committed; which county or district shall have been previously ascertained by law.”… Read more
H. Ch. 980, SVPs
State v. Thomas Treadway, 2002 WI App 195 For Treadway: Lynn E. Hackbarth Issue: Whether a probation and parole agent was properly allowed to give an opinion regarding the likelihood of the respondent reoffending. Holding: ¶29. The fact that Kittman was not a psychologist or mental health specialist did not preclude his testimony. Under Wis. Stat… Read more
State ex rel Edwin C. West v. Bartow, 2002 WI App 42 For West: Leonard D. Kachinsky Issue: Whether the court had discretion to order change of venue from Winnebago (county of current SVP confinement) to Milwaukee (county of commitment), on habeas challenge to the commitment. Holding: Venue was proper in Winnebago under § 801.50(4)(b)… Read more
State v. Bernard G. Tainter, 2002 WI App 296, PFR filed 12/23/02 For Tainter: Jack E. Schairer, SPD, Madison Appellate Issue/Holding: The trial court properly exercised discretion in admitting into evidence actuarial instruments (by determining that they were of the type commonly relied on by experts to assess sex offender risk; and by allowing Tainter… Read more
State v. Ervin Burris, 2004 WI 91, affirming 2002 WI App 262, 258 Wis. 2d. 454, 654 N.W.2d 866For Burris: Joseph L. SommersIssue: Whether a condition of supervised release, that Burris “avoid all conduct … that is not in the best interest of the public’s welfare or your rehabilitation” provided adequate notice that obtaining a… Read more
State v. Isaac H. Williams, State v. Willie Hogan, 2001 WI App 263, PFR filed 11/23/01 For Williams: Donna L. Hintze, SPD, Madison Appellate For Hogan: Donald T. Lang, SPD, Madison Appellate Issue1: Whether the § 980.08(1) requirement that the SVP wait 18 months after initial commitment before petitioning for supervised release violates substantive due process. Holding… Read more
Reuben Adams v. Macht, 2001 WI App 10, 241 Wis. 2d 28, 623 N.W.2d 215 Issue: Whether the Wisconsin Resource Center policy prohibiting former employees from visiting the institution is enforceable against a patient seeking visits from a former employee who is also the mother of his child. Holding: The policy is reasonable and based… Read more
State v. Dennis R. Thiel (III), 2001 WI App 32, 241 Wis. 2d 465, 626 N.W.2d 26 For Thiel: John D. Lubarsky, SPD, Madison Appellate Issue: Whether the standard for waiver of right to counsel in a criminal proceeding applies to Ch. 980. Holding: “… (B)ecause WIS. STAT. § 980.09(2) guarantees the right to counsel… Read more
