State v. Scott Maher, 2013AP1815, District 4, 4/3/14; court of appeals decision (not recommended for publication); case activity The circuit court impermissibly weighed the relative persuasiveness of conflicting examination reports of experts when it denied Maher’s § 980.09 petition without holding a discharge hearing when it said it had “some ability apparently to assess the accuracy of the… Read more
H. Ch. 980, SVPs
State v. Herbert O. Richard, 2014 WI App 28; case activity Richard is entitled to an evidentiary hearing on his petition for discharge because the independent psychologist’s opinion that amendments to the Static-99 show Richard’s risk to reoffend is below the legal threshold constitutes a fact on which a court or jury may conclude that Richard… Read more
State v. Edward Cotton, 2013AP452, District 1, 1/7/14; court of appeals decision (not recommended for publication); case activity At the hearing on Cotton’s petition for discharge from his ch. 980 commitment the state’s experts testified that Cotton’s high psychopathy coupled with his sexual deviance raised his risk to reoffend. They also opined that sex offender… Read more
State v. Ronald Knipfer, 2014 WI App 9, petition for review granted, 5/23/14, affirmed, 2015 WI 3; case activity In this follow-up to the recent decision in State v. Alger, 2013 WI App 148, ___ Wis. 2d ___, ___ N.W.2d ___, the court of appeals rejects two constitutional challenges to the legislation that limits the newly-adopted… Read more
Milwaukee County v. Mary F.-R., 2012AP958, affirming an unpublished court of appeals opinion; case activity Majority opinion by Justice Crooks; concurrence by Chief Justice Abrahamson; additional concurrence by Justice Ziegler (joined by Justices Roggensack and Gableman) The issues in this case spring from State v. Post, 197 Wis. 2d 279, 318-319, 541 N.W.2d 115 (1995)(“persons committed under… Read more
On review of court of appeals certification; case activity Issue (from the certification) Wisconsin Stat. § 980.02(1m) and (2) require that a commitment petition be filed “before the person is released or discharged” and allege that a person has been convicted of a sexually violent offense. Does § 980.02 additionally require that the commitment petition be filed before… Read more
State v. Michael Alger, 2013 WI App 148, petition for review granted, 5/23/14, affirmed, 2015 WI 3; case activity In this important decision addressing an issue that’s been percolating in ch. 980 cases, the court of appeals holds that the Daubert standard for expert testimony does not apply to any proceedings in a ch. 980 case… Read more
State v. Bradley M. Jones, 2013 WI App 151; case activity ¶1 …. Wisconsin Stat. § 980.07 (2011-12) mandates annual reexamination of persons committed to secure treatment facilities as sexually violent persons. Following the Department of Health Services’ annual reexamination, Bradley M. Jones requested and was denied appointment of an independent examiner and counsel prior to review of… Read more
