State v. Paul A. Wilinski, 2008 WI App 170 For Wilinski: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: NGI commitment to institutional care supported by the evidence, in that The nature of the offense itself (violent assault coupled with threat to kill) supported a finding of significant risk of harm if Wilinski were released (¶13); Wilinski… Read more
Published 2008
State v. Daniel Arends, 2008 WI App 184, PFR granted 2/10/09 For Arends: Leonard D. Kachinsky Issue: Whether § 980.09 (2005-06) grants the circuit court a greater “gatekeeper role” than the prior statute in ordering an evidentiary hearing on a discharge petition. Holding: ¶22 The State’s premise that the new statute grants the circuit court a greater… Read more
State v. Daniel Arends, 2008 WI App 184, PFR granted 2/10/09 For Arends: Leonard D. Kachinsky Issue/Holding: ¶14 Unlike the previous statutory provision, the current Wis. Stat. § 980.09 does not distinguish between petitions made with or without the approval of the DHFS secretary. Furthermore, a discharge petition no longer automatically triggers a probable cause hearing. Rather… Read more
State v. Daniel Arends, 2008 WI App 184, PFR granted 2/10/09 For Arends: Leonard D. Kachinsky Issue/Holding: ¶24 In his petition, Arends alleged that his condition had changed such that he no longer met the definition of a sexually violent person because (1) “the passage of time demonstrated that anti-social behavior expected under an earlier diagnosis… Read more
State v. Charles W. Mark, 2008 WI App 44; on appeal following remand in State v. Mark, 2006 WI 78, 292 Wis. 2d 1, 718 N.W.2d 90 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: A parolee’s statement made under grant of immunity (per State v. Evans, 77 Wis. 2d 225, 252 N.W.2d 664 (1977)), was compelled (therefore… Read more
State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08 For Payette: Robert R. Henak; Amelia L. Bizzaro Issue: Whether threats made to the victims, while the prosecution was pending, to try to dissuade them from testifying were relevant to sentence despite absence of evidence linking threats to the defendant himself. Holding: ¶41 The court process… Read more
State v. Stephen C. Sherman, 2008 WI App 57, PFR filed 4/16/08 For Sherman: John J. Grau Issue/Holding: The sentencing court’s observations to the effect that the defendant was “a sick man” didn’t amount to “unsupported findings about his mental health: ¶14 At Sherman’s postconviction hearing, the court indicated that its comments did not reflect medical diagnoses… Read more
State v. Stephen C. Sherman, 2008 WI App 57, PFR filed 4/16/08 For Sherman: John J. Grau Issue/Holding: ¶15 Sherman claims the only evidence about his mental health came from his expert, Dr. Gerald Wellens. Sherman claims the court failed to consider his expert’s opinion. However, at sentencing, the court expressly considered Wellens’ opinion. The court noted… Read more
