Winnebago County v. Donna H., 2013AP80, District 2, 7/31/13; court of appeals decision (1-judge; ineligible for publication); case activity Applying the supreme court’s recent decision in Outagamie County v. Melanie L., 2013 WI 67, the court of appeals concludes Winnebago County failed to show Donna H. is not competent to refuse medication. The applicable statute, § 55.14(1)(b), requires… Read more
H. Ch. 980, SVPs
Court of Appeals certification, review granted 11/26/13; case activity Issue certified: 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 the person… Read more
State v. Shawn David Schulpius, 2012 WI App 134; court of appeals decision (recommended for publication); case activity SVP Discharge Hearing – Showing Required, § 980.09(2) Before granting discharge hearing on a ch. 980 petition, the circuit court must satisfy itself that the petition answers two concerns: First, under § 980.09(1) “paper-review” determination, the petition alleges sufficient facts… Read more
State v. Kenneth Roberts, 2012AP266, District 3, 10/11/12 court of appeals decision (not recommended for publication); case activity Discharge hearing wasn’t required on petition, where the sole expert opinion affirmed a high risk of recividism based on “dynamic” factors, notwithstanding that revised actuarial scoring methodology yielded a lower risk for “static” factors. State v. Arends, 2010… Read more
State v. Carl Cornelius Gilbert, Jr. / State v. Price T. Hunt, 2012 WI 72, affirming 2011 WI App 61; case activity (Gilbert), case activity (Hunt) ¶2 We are asked to decide whether Wisconsin Statutes chapter 980 (2005-06)[3] requires the dismissal of a pending commitment petition when the individual subject to the petition is re-incarcerated because of the revocation of parole or… Read more
State v. Jonathan Phillips, 2010AP1490, District 4, 4/26/12 court of appeals decision (not recommended for publication); for Phillips: Steven D. Grunder, SPD, Madison Appellate; case activity; originally recommended for publication, changed per order 5/1/12 Although admittedly “inconsistent” in the way it defines “mental disorder,” when read “as a whole,” the pattern jury instruction for ch. 980… Read more
State v. Dennis R. Thiel, 2012 WI App 48 (recommended for publication); for Thiel: Jeffrey W. Jensen; case activity SVP (Ch. 980) Supervised Release – Challenge to Conditions: Ripeness Thiel’s challenge to 2 conditions of his supervised release from a ch. 980 commitment are ripe for review (the conditions relate to possible detention in a… Read more
on review of published decision; for Gilbert: William J. Tyroler, SPD, Milwaukee Appellate; for Hunt: Eric James Van Schyndle, Leah Stoecker, Allison E. Cimpl-Wiemer; case activity (Gilbert), case activity (Hunt) SVP – Pre-Commitment Return to DOC Custody Issues (Composed by On Point): Whether the State may bring a Wis. Stat. ch. 980 commitment petition to judgment when the respondent is in… Read more
