On Point blog, page 62 of 62
SVP – Sufficiency of evidence
State v. Paul Matek, 223 Wis.2d 611, 589 N.W.2d 441 (Ct. App. 1998)
For Matek: Russell Bohach
Holding: Evidence to support ch. 980 SVP verdict sustained: the diagnosis took into account Matek’s refusal to participate in treatment, and therefore the verdict “was not based solely on his prior bad acts.”
SVP – Sufficiency of evidence – pedophilia
State v. Ronald J. Zanelli (II), 223 Wis.2d 545, 589 N.W.2d 687 (Ct. App. 1998)
For Zanelli: Jane K. Smith.
Holding: Second time’s not the charm for Zanelli, who won his 1st appeal, State v. Zanelli (I), 212 Wis. 2d 358, 569 N.W.2d 301 (Ct. App. 1997). On this subsequent appeal, the court holds the evidence sufficient to establish his pedophilia. The state’s expert witnesses testified that Zanelli suffers from pedophilia,
SVP – Postdisposition: Supervised Release – “Treatability”
State v. Reuven Seibert, 220 Wis. 2d 308, 582 N.W.2d 745 (Ct. App. 1998)
For Seibert: Jane Krueger Smith
Issue/Holding: “(W)hether the proceeding is one under the initial ch. 980 commitment or a later petition for supervised release under § 980.08, there is no constitutional or statutory requirement that the State prove the person is treatable.”