On Point blog, page 1 of 1
SVP Commitments – Evidence: Issue Preclusion & Attack on Qualifying Conviction
State v. Ronald G. Sorenson, 2002 WI 78, affirming as modified, 2001 WI App 251, 248 Wis. 2d 237, 635 N.W.2d 787
For Sorenson: T. Christopher Kelly
Issue: Whether, given the constitutional protections afforded Ch. 980 respondents, issue preclusion applies so as to prevent Sorenson from attacking the reliability of his qualifying conviction with evidence that the complainant subsequently recanted.
Holding:
¶22.
SVP Commitment: Claim/Issue Preclusion – Prior Dismissal of Petition at Trial for Insufficient Proof
State v. Kenneth Parrish, 2002 WI App 263, PFR filed 11/11/02
For Parrish: Charles B. Vetzner, SPD, Madison Appellate
Issue: Whether a 980 petition was barred because a prior petition was dismissed at trial for insufficient proof, but the respondent was subsequently returned to prison on a parole revocation for a violation not involving an act of sexual violence.
Holding:
¶22. Although Parrish’s preclusion argument presents an issue of first impression in Wisconsin,