On Point blog, page 1 of 1
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.