State v. Paschall Lee Sanders, 2011 WI App 125 (recommended for publication); for Sanders: Ellen Henak, SPD, Milwaukee Appellate; case activity The definitions of “mental disorder” in since-amended pattern instruction Wis JI—Criminal 2502 (2009), though concededly contradictory, didn’t prevent from being tried the issue of whether Sanders qualified for commitment as a sexually violent person: ¶14 As we… Read more
H. Ch. 980, SVPs
State v. Edwin Clarence West, 2011 WI 83, affirming unpublished opinion; for West: Ellen Henak, SPD, Milwaukee Appellate; case activity [Companion case: State v. Nordberg, 2011 WI 84 (same result, controlled by West).] Someone under ch. 980 commitment as a sexually violent person bears the burden of proving by clear and convincing evidence the criteria for granting supervised release… Read more
State v. Charles M. Ermers, Jr., 2011 WI App 113 (recommended for publication); for Ermers: Steven D. Phillips, SPD, Madison Appellate; case activity A ch. 980 discharge hearing requires that the petitioner allege “facts from which the court or jury may conclude the person’s condition has changed since the date of his or her initial… Read more
State v. Albert M. Virsnieks, 2010AP1967, District 2 / 1, 6/21/11 court of appeals decision (not recommended for publication); pro se; case activity Virsnieks’ plea-based conviction for burglary supported ch. 980 commitment. ¶35 A Wis. Stat. ch. 980 petition must allege, among other things, that a “person has been convicted of a sexually violent offense.”[5]… Read more
State v. Scott Maher, 2010AP460, District 4, 5/26/11 court of appeals decision (not recommended for publication); for Maher: Donald T. Lang, SPD, Madison Appellate; case activity Testimony from a State’s expert witness describing the ch. 980 screening process was irrelevant. ¶11 We addressed the issue of the admissibility of this same type of evidence in State v… Read more
State v. Herbert O. Richard, 2011 WI App 66 (recommended for publication); for Richard: Steven D. Grunder, SPD, Madison Appellate; case activity Changes in the scoring of the actuarial test which was used to support Richard’s commitment at his original trial, cannot support his discharge petition even though his new score would reduce his predicted likelihood… Read more
State v. Carl Cornelius Gilbert, Jr. / State v. Price T. Hunt, 2011 WI App 61, affirmed 2012 WI 72 (recommended for publication); 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); affirmed, 2012 WI 72 SVP – Pre-Commitment… Read more
on bypass petition; for Nordberg: Donald T. Lang, SPD, Madison Appellate; case activity Issue: Whether someone under ch. 980 commitment as a sexually violent person bears the burden of proving by clear and convincing evidence the criteria for granting supervised release under § 980.08(4). The court of appeals held, in State v. Rachel, 2010 WI App 60, 324… Read more
