On Point blog, page 1 of 1
SVP – Jury Waiver – Advisal of Right to Jury Unanimity
State v. Kerby G. Denman, 2001 WI App 96, 243 Wis. 2d 14, 626 N.W.2d 29.
For Denman: Glenn L. Cushing, SPD, Madison Appellate
Issue: Whether a Ch. 980 respondent’s jury waiver requires advice of the right to a unanimous verdict.
Holding: The court “look(s) to WIS. STAT. § 980.05(2), rather than the case law governing the waiver of a the constitutional right to a jury trial in criminal cases,
SVP – Trial: Jury waiver, following withdrawal of state’s request for jury
State v. Harry S. Bernstein, 231 Wis.2d 392, 605 N.W.2d 555 (Ct. App. 1999)
For Bernstein: Mary E. Waitrovich, SPD, Madison Appellate
Issue: After the state requests then withdraws a request for jury in a Ch. 980 proceeding, must trial to the court be premised on the respondent’s personal consent to this withdrawal?
Holding: Under § 980.05(2) the respondent’s consent to the state’s withdrawn assertion of jury trial need not be personal,