State v. Harry S. Bernstein, 231 Wis.2d 392, 605 N.W.2d 555 (Ct. App. 1999) For Bernstein: Mary E. Waitrovich, SPD, Madison Appellate Issue: After the state requests then withdraws a request for jury in a Ch. 980 proceeding, must trial to the court be premised on the respondent’s personal consent to this withdrawal? Holding: Under… Read more
H. Ch. 980, SVPs
State v. Matthew A.B., 231 Wis.2d 688, 605 N.W.2d 598 (Ct. App. 1999) For Matthew A.B.: Mary E. Waitrovich, SPD, Madison Appellate Issue: Whether the probable cause hearing was held within 72 hours of filing of the Ch. 980 petition, as required by § 980.04(2). Holding: The trial court’s finding that the hearing was held… Read more
State v. Matthew A.B., 231 Wis.2d 688, 605 N.W.2d 598 (Ct. App. 1999) For Matthew A.B.: Mary E. Waitrovich, SPD, Madison Appellate. Issue/Holding: Prediction of future dangerousness may be made of a juvenile in a Ch. 980 proceeding. The state’s experts assessed Matthew’s dangerousness by using the “Doren criteria,” which were developed through research involving… Read more
Reuben Adams v. Bartow, 330 F.3d 957 (7th Cir. 2003), denying habeas relief in State v. Adams, 223 Wis. 2d 60, 588 N.W.2d 336 (Ct. App. 1998) For Adams: Samuel Arena (Foley & Lardner) Issue: Whether the state court affirmance of Adams’ commitment unreasonably applied Kansas v. Hendricks, 521 U.S. 346 (1997) or Foucha v. Louisiana, 504 U.S. 71 (1992)… Read more
State v. Paul Matek, 223 Wis.2d 611, 589 N.W.2d 441 (Ct. App. 1998) For Matek: Russell Bohach Holding: Evidence to support ch. 980 SVP verdict sustained: the diagnosis took into account Matek’s refusal to participate in treatment, and therefore the verdict “was not based solely on his prior bad acts.”… Read more
State v. Ronald J. Zanelli (II), 223 Wis.2d 545, 589 N.W.2d 687 (Ct. App. 1998) For Zanelli: Jane K. Smith. Holding: Second time’s not the charm for Zanelli, who won his 1st appeal, State v. Zanelli (I), 212 Wis. 2d 358, 569 N.W.2d 301 (Ct. App. 1997). On this subsequent appeal, the court holds the… Read more
State v. Reuven Seibert, 220 Wis. 2d 308, 582 N.W.2d 745 (Ct. App. 1998) For Seibert: Jane Krueger Smith Issue/Holding: “(W)hether the proceeding is one under the initial ch. 980 commitment or a later petition for supervised release under § 980.08, there is no constitutional or statutory requirement that the State prove the person is… Read more
