State v. Ronald Ransdell, 2001 WI App 202, PFR filed 8/27/01 For Ransdell: Ellen Henak, SPD, Milwaukee Appellate Issue: Whether the automatic initial commitment to institutional care provision, § 980.06, on its face violates substantive due process. Holding: A person challenging the constitutionality of a statute must show its infirmity beyond reasonable doubt; a statute restricting liberty… Read more
H. Ch. 980, SVPs
State v. Daniel Williams, 2001 WI App 155 For Williams: Adrienne M. Moore, SPD, Racine Trial Issue: Whether the grant of a petition for supervised release (§ 980.08) can be vacated on the basis of a periodic re-examination report (§ 980.07) which is a mere assessment of the same information utilized during the supervised release… Read more
State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether the trial court erred in refusing to qualify a social worker as an expert in this Ch. 980 supervised release proceeding. Holding: Because the witness had “expertise with respect to treating sex offenders …… Read more
State ex rel. Ruven Seibert v. Macht, 2001 WI 67, 244 Wis. 2d 378, 627 N.W.2d 881, reconsideration denied2002 WI 12, reversing unpublished court of appeals order For Seibert: Gregory P. Seibold; amicus brief: Howard B. Eisenberg, Dean, Marquette Law School Issue/Holding: ¶1. This case presents two issues. The first issue is whether an indigent… Read more
State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether a psychologist must be licensed in Wisconsin to provide expert opinion in a Ch. 980 proceeding. Holding: No: “the standard for determining the admissibility of expert testimony in this case is the general one… Read more
State v. Keith Alan VanBronkhorst, 2001 WI App 190 For VanBronkhorst: Jack E. Schairer, SPD, Madison Appellate Issue: Whether revocation of supervised release from a ch. 980 commitment was properly based on an uncharged rule violation. Holding: ¶9 … “(P)rocedural due process protections afforded in probation or parole revocation proceedings apply to supervised release revocation… Read more
State v. Glenn Allen Thayer, 2001 WI App 51, 241 Wis. 2d 417, 626 N.W.2d 811 For Thayer: Jane K. Smith Issue: Whether the commitment subject has a right to present an independent medical report at a petition for discharge probable cause hearing, § 980.09(2)(a). Holding: Although a Ch. 980 patient does have the right… Read more
State v. Dennis R. Thiel (I), 2000 WI 67, 235 Wis. 2d 823, 612 N.W.2d 94, on certification from court of appeals For Thiel: John D. Lubarsky, SPD, Madison Appellate Issue: Whether the ch. 980 respondent waived his objection to insufficient proof by absence of objection. Holding: “(T)he subject of a commitment petition under ch… Read more
