On Point blog, page 1 of 1
SVP – “Serious Difficulty Controlling Behavior”
State v. Ray A. Schiller, 2003 WI App 195
For Schiller: Jack E. Schairer, SPD, Madison Appellate
Issue/Holding:
¶11. However, a “serious difficulty in controlling behavior” is not about whether a person has the ability to make choices….¶12. The Crane Court further indicated that we must not only consider whether the person has the ability to make choices, but the degree to which those choices are driven by a mental disorder: [S]erious difficulty in controlling behavior …
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State v. John Lee Laxton, 2002 WI 82, affirming unpublished court of appeals decision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 – Trial – Jury Instructions – Serious Difficulty Controlling Behavior
State v. John Lee Laxton, 2002 WI 82, affirming unpublished court of appeals decision
(Affirmed on other grounds, habeas review, John L. Laxton v. Bartow, 421 F.3d 565 (7th Cir 2005))
For Laxton: Margaret A. Maroney, SPD, Madison Appellate
Issue: Whether the jury instructions adequately conveyed the requirement of mental disorder causing serious difficulty in controlling behavior.