H. Ch. 980, SVPs

State v. Carter, 2017 WI App 9, petition for review granted 5/15/17; case activity (including briefs) This case is a companion to State v. Hager, in which the court held that the amended discharge statute does not require a committed person to prove he is not dangerous in order to get a discharge trial. Carter… Read more

State v. David Hager, Jr., 2017 WI App 8, petition for review granted 5/15/17; reversed 4/19/18; case activity (including briefs) This is the first (likely) published case to construe the 2013 amendments to the ch. 980 discharge petition standard. The court of appeals holds that while the legislature required a committed person seeking a discharge… Read more

They may seem more measured and bias free, but according to this new article, they aren’t very good. Compas has significant flaws, and the accuracy of the Static 99-R “is not much better than a coin toss.” This article links to a number of studies that might support a challenge to the use of these… Read more

Review of an unpublished summary court of appeals order; case activity (including briefs) Issues (from petition for review): 1. Was the Petitioner entitled to an evidentiary hearing on his petition for discharge from Chapter 980 commitment which included information that the Petitioner had terminated sexual acting out and where a psychologist reported improvement in an… Read more

Scott R. Schmidt v. Deborah McCulloch, 7th Circuit Court of Appeals No. 14-3651, 5/27/16 The Seventh Circuit upholds the denial of a Wis. Stat. ch. 980 detainee’s habeas corpus petition. As practitioners know, many important rules that protect a criminal defendant go out the window once the state alleges him a sexually violent person and seeks… Read more

State v. Gary F. Lemberger, 2015AP1452-CR, 4/14/2016, District 4 (one-judge decision; ineligible for publication), petition for review granted 10/11/2016, affirmed, 2017 WI 39; case activity (including briefs) A breathalyzer test is a Fourth Amendment search, and state case law holds that the state may not invite a jury to view a defendant’s refusal to consent to a search… Read more

State v. David Hager, Jr., 2015AP330, and State v. Howard Carter, 2015AP1311, District 3, 2/2/2015; case activity (Hager) (Carter) (including briefs)–final SCOW decision here 4/19/18 Issues (1) Does [the 2013 Wis. Act 84] change in [Wis. Stat. § 980.09(2)] authorize the circuit court to weigh the evidence [to determine whether to hold a discharge trial], overruling State v. Arends, 2010 WI 46… Read more