State v. Anthony D.B., 2000 WI 94, ¶11, 237 Wis. 2d 1, 614 N.W.2d 435 For Anthony D.B.: Ellen Henak, SPD, Milwaukee Appellate Issue: Whether a circuit court has authority, on a Ch. 980 commitment, to order involuntary medication. Holding: “Because those individuals committed under ch. 980 are defined as ‘patients’ in Wis. Stat. §… Read more
H. Ch. 980, SVPs
State v. Eric Pletz, 2000 WI App 221, 239 Wis.2d 49, 619 N.W.2d 97 For Pletz: Michael J. Backes Issue: Whether the state’s pretrial failure to disclose that its witness used the RRASOR screening instrument to evaluate Pletz violated his discovery rights. Holding: Pletz waived any discovery objection by not promptly objecting, given that he… Read more
Edwin C. West v. Macht, 2000 WI App 134, 237 Wis. 2d 265, 614 N.W.2d 34 Issue: Whether living unit reassignment of a Ch. 980 subject was made in retaliation for his exercise of his constitutional right to petition on grievances. Holding: A commitment subject has a protected interest against being punished for exercising first… Read more
State v. Eric Pletz, 2000 WI App 221, 239 Wis.2d 49, 619 N.W.2d 97 For Pletz: Michael J. Backes Issue: Whether letters from DSM-IV committee members, regarding the impact of an assault on a diagnosis of pedophilia, were properly admitted. Holding: A basis for an expert opinion, otherwise hearsay, is admissible if of “a type… Read more
State v. Frederick L. Pharm, 2000 WI App 167, 238 Wis. 2d 97, 617 N.W.2d 163 For Pharm: Jack E. Schairer Issue: Whether conviction under the since-repealed statute of indecent behavior with a child may serve as a predicate offense for a Ch. 980 commitment. Holding: “(T)he legislature clearly intended to include, within the definition… Read more
State v. Kenneth Parrish, 2002 WI App 263, PFR filed 11/11/02 For Parrish: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: Although evidence of volitional impairment is required and in this bench trial the trial court erred in commenting to the contrary, ¶35, the court in fact found the existence of such evidence, ¶36… Read more
State v. Eric Pletz, 2000 WI App 221, 239 Wis.2d 49, 619 N.W.2d 97 For Pletz: Michael J. Backes Issue: Whether the evidence was sufficient to support a finding that the 980 subject suffered from a qualifying mental disorder, given that the experts split on the issue. Holding: ¶15 Pletz argues that the two psychologists… Read more
State v. Frederick L. Pharm, 2000 WI App 167, 238 Wis. 2d 97, 617 N.W.2d 163 For Pharm: Jack E. Schairer Issue: Whether Pharm waived objection to the prosecutor’s authorization to file a Ch. 980 petition. Holding: Pharm’s failure to object to the prosecutor’s filing the petition without going through the Department of Justice under… Read more
