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SVP – Pretrial: Evaluation — Prosecutorial Meddling in Process

State v. Jonathan Bell, 2006 WI App 30
For Bell: Leonard D. Kachinsky

Issue: Whether intervention of the local prosecutor to obtain a second DOC evaluation, which resulted in a referral for SVP commitment after the first DOC evaluation determined insufficient likelihood of reoffending, violated ch. 980 or due process.

Holding:

¶11      Our supreme court defined the scope of the district attorney’s authority in Byers.

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