On Point: 3. Civil Commitments

State v. Thomas Treadway, 2002 WI App 195
For Treadway: Lynn E. Hackbarth

Issue: Whether the state’s petition was timely, where the respondent had already completed his sentence on the qualifying conviction but was serving concurrent sentences with the controlling sentence a non-qualifying conviction.

Holding: State v. Keith, 216 Wis. 2d 61, 573 N.W.2d 888 (Ct. App. 1997) (petition timely filed where respondent serving consecutive sentences) extended to concurrent sentences:

¶17. 

State v. Bernard G. Tainter, 2002 WI App 296, PFR filed 12/23/02

Issue/Holding:

¶14. Wisconsin Const. art. I, § 7, grants criminal defendants the right to a trial “by an impartial jury of the county or district wherein the offense shall have been committed; which county or district shall have been previously ascertained by law.” Tainter claims this provision conflicts with Wis. Stat. § 980.02(4) and (5),

State v. Thomas Treadway, 2002 WI App 195
For Treadway: Lynn E. Hackbarth

Issue: Whether a probation and parole agent was properly allowed to give an opinion regarding the likelihood of the respondent reoffending.

Holding:

¶29. The fact that Kittman was not a psychologist or mental health specialist did not preclude his testimony. Under Wis. Stat. § 907.02 (1997-98), relevant experience,

State ex rel Edwin C. West v. Bartow, 2002 WI App 42
For West: Leonard D. Kachinsky

Issue: Whether the court had discretion to order change of venue from Winnebago (county of current SVP confinement) to Milwaukee (county of commitment), on habeas challenge to the commitment.

Holding: Venue was proper in Winnebago under § 801.50(4)(b) (where petitioner is being restrained); the trial court’s transfer mistakenly relied on § 801.50(4)(a) (where petitioner was convicted or sentenced,

State v. Bernard G. Tainter, 2002 WI App 296, PFR filed 12/23/02
For Tainter: Jack E. Schairer, SPD, Madison Appellate

Issue/Holding: The trial court properly exercised discretion in admitting into evidence actuarial instruments (by determining that they were of the type commonly relied on by experts to assess sex offender risk; and by allowing Tainter to cross-examine on the instruments). ¶20. In Wisconsin, trial courts have a limited “gatekeeper”

State v. James G. Langenbach, 2001 WI App 222

For Langenbach: Patrick M. Donnelly, SPD, Madison Appellate

Issue: Whether the state may call a defendant to testify, as an adverse witness, at Phase II of an NGI trial, following Phase I guilty plea.

Holding: A guilty plea doesn’t necessarily result in loss of fifth amendment rights: The privilege continues at least until sentencing, ¶9; moreover, the privilege continues during the direct appeal,

State v. Ervin Burris, 2004 WI 91, affirming 2002 WI App 262, 258 Wis. 2d. 454, 654 N.W.2d 866For Burris: Joseph L. SommersIssue: Whether a condition of supervised release, that Burris “avoid all conduct … that is not in the best interest of the public’s welfare or your rehabilitation” provided adequate notice that obtaining a prescription for Viagra would subject him to revocation.

Holding:

¶53.

County of Dunn v. Goldie H., 2001 WI 102, affirming unpublished decision of court of appeals
For Goldie H.: John E. Joyce

Issue: Whether a ch. 55 subject has a right to a hearing before the circuit court orders continuation of protective placement; and whether the circuit court must make findings of fact to support such an order.

Holding:

¶6. We hold that a person is entitled to a hearing on the record before his or her protective placement is continued,

County of Milwaukee v. Edward S., 2001 WI App 169, PFR filed
For Edward S.: Richard D. Martin, SPD, Madison Appellate

Issue: Whether the 14-day deadline set by § 51.20(7)(c) for final hearing is extendible when delay is caused by the respondent’s own action.

Holding: The otherwise mandatory deadline for final commitment hearing is waivable when the delay is caused by the respondent — here, firing his attorney. 

State v. Thomas Wenk, 2001 WI App 268, PFR filed 10/31/01
For Wenk: Michael K. Gould, SPD, Milwaukee Appellate

Issue: Whether trial court denial of a petition for conditional release from an NGI commitment was an erroneous exercise of discretion.

Holding: Although the state expressed doubt that it had met its burden of proof, the trial court was free to disregard that view. And, although the experts recommended release upon certain conditions,