On Point blog, page 3 of 3
SCOW: Expert opinion on risk not needed in ch. 980 proceeding
State v. Jamie Lane Stephenson, 2020 WI 92, 12/18/20, affirming a published decision of the court of appeals; case activity (including briefs)
A five-justice majority of the supreme court holds that the state does not need to present expert opinion testimony that a person subject to commitment under Chapter 980 is dangerous to others because his mental disorder makes it more likely than not that he will engage in one or more future acts of sexual violence.
SCOW to review need for state to have an expert on risk in ch. 980 trials
State v. Jamie Lane Stephenson, 2018AP2104, petition to review a published court of appeals decision granted 3/17/20; case activity
Issues:
- To prove that a person meets the criteria for commitment under Chapter 980, must the state present expert opinion testimony that the person is “dangerous” as defined under ch. 980?
- Should the standard of review of the sufficiency of the evidence of dangerousness in a Chapter 980 case be changed to require that a reviewing court conduct a de novo review of whether the evidence satisfies the legal standard of dangerousness?
SVP: Ineffective Assistance of Counsel – Failure to Obtain Expert – Lack of Prejudice
State v. Kenneth Parrish, 2002 WI App 263, PFR filed 11/11/02 For Parrish: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: The trial court’s rejection of respondent’s post-commitment proffer of an expert, in support of a claim that trial counsel was ineffective for not securing an expert, is sustained, due in particular to the trial court’s […]