On Point blog, page 2 of 3
SCOW: Six-person jury for involuntary mental commitment survives equal protection challenge
Milwaukee County v. Mary F.-R., 2012AP958, affirming an unpublished court of appeals opinion; case activity
Majority opinion by Justice Crooks; concurrence by Chief Justice Abrahamson; additional concurrence by Justice Ziegler (joined by Justices Roggensack and Gableman)
The issues in this case spring from State v. Post, 197 Wis. 2d 279, 318-319, 541 N.W.2d 115 (1995)(“persons committed under Chapters 51 and 980 are similarly situated for purposes of equal protection comparison) and State v.
SVP Commitments – Statement to Field Agent: Compelled, Inadmissible (Under Since-Repealed Statute)
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 involuntary) and inadmissible at a ch.
SVP Commitments – Proof of Overt Act of Dangerousness: Not Required as Matter of Equal Protection
State v. Steven C. Feldmann, 2007 WI App 35, PFR filed 3/23/07
For Feldmann: Jefren E. Olsen, SPD, Madison Appellate
Issue/Holding: The ch. 980 omission of required proof of a recent overt act of sexual violence does not violate equal protection, as compared with the ch. 51 mental health commitment requirement of proof of a recent overt act demonstrating dangerousness.
The supreme court refused to impose such requirement under ch.
SVP: Likelihood of Future Sexual Violence Satisfies Substantive Due Process & Equal Protection
State v. Scott R. Nelson, 2007 WI App 2, PFR filed 1/22/07
For Nelson: Joseph L. Sommers
Issue/Holding:
¶15 … Even under the “more likely than not” standard, there must be a strong nexus between the person’s mental disorder and that person’s level of dangerousness. Under this standard, the likelihood that the person will engage in an act of sexual violence is more than 50%.
Constitutionality of Ch. 980 – Absence of Proof of “Imminent” Danger
State v. Terry L. Olson, 2006 WI App 32, PFR filed 3/16
For Olson: Melinda A. Swartz, SPD, Milwaukee Appellate
Issue: Whether ch. 980 is unconstitutional because the SVP definition of “dangerousness” is not linked to imminent risk.
Holding:
¶5 We deem Olson’s reliance on Lessard misplaced. In 2002, our own supreme court considered a challenge to Wis.
SVP: Equal Protection – Confidentiality, Contrasted with Ch. 51
State v. Steven J. Burgess, 2003 WI 71, affirming 2002 WI App 264, 258 Wis. 2d 548, 654 N.W.2d 81
For Burgess: Steven P. Weiss, SPD, Madison Appellate
Issue/Holding:
¶33. Although persons committed under chapter 980 are similarly situated to those committed under chapter 51, there is a rational basis for the legislature’s distinction with respect to the confidentiality of proceedings under the two chapters.
SVP – Pretrial Release
State v. Shawn Virlee, 2003 WI App 4, PFR filed 1/3/03
For Virlee: Jack E. Schairer
Issue: Whether ch. 980 violates due process and/or equal protection because it doesn’t allow for pretrial release.
Holding:
¶14. We decline to address Virlee’s due process and equal protection arguments because he fails to establish, and we do not see, how the statute’s lack of a provision for pretrial release affects the trial court’s judgment.
SVP – Substantive Due Process – Jury Finding of Serious Difficulty Controlling Behavior
State v. John Lee Laxton, 2002 WI 82, affirming unpublished court of appeals decision
(Affirmed on habeas review, John L. Laxton v. Bartow, 421 F.3d 565 (7th Cir 2005))
For Laxton: Margaret A. Maroney, SPD, Madison Appellate
Issue: Whether ch. 980 is unconstitutional by failing to adequately narrow the class of commitment subjects to those with serious difficulty controlling dangerous behavior.
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 conclusion that the proffered expert would not have altered the outcome: “that judge,
SVP Commitments: Automatic Initial Confinement — Substantive Due Process and Equal Protection
State v. Isaac H. Williams, State v. Willie Hogan, 2001 WI App 263, PFR filed 11/23/01
For Williams: Donna L. Hintze, SPD, Madison Appellate
For Hogan: Donald T. Lang, SPD, Madison Appellate
Issue1: Whether the § 980.08(1) requirement that the SVP wait 18 months after initial commitment before petitioning for supervised release violates substantive due process.
Holding:
¶7.