On Point: 4. Trial

State v. Gregory J. Franklin, 2004 WI 38, affirming unpublished decision of court of appeals
For Franklin: Patrick M. Donnelly, SPD, Madison Appellate

Issue/Holding:

¶16. In order to be admissible in a ch. 980 proceeding, all evidence must be relevant and that relevance must not be outweighed by the danger of unfair prejudice. Wis. Stat. § 904.01; Wis. Stat. § 904.03;

State v. Joseph A. Lombard, 2004 WI App 52, PFR filed 3/19/04
For Lombard: David Karpe

Issue: Whether, in response to a jury question during deliberations in this SVP discharge trial, the trial court was obligated to instruct that if Lombard were discharged he would still be subject to 40 years of probation / parole supervision on the underlying offense.

Holding:

¶13.

State v. Jesse J. Madison, 2004 WI App 46, PFR filed 3/12/04
For Madison: Charles B. Vetzner, SPD, Madison Appellate

Issue/Holding:

¶5. Alternatively, Madison argues that he has a constitutional right, on equal protections grounds, to a special verdict. See Wis. Const. art. I, § 1. This equal protection argument stems from an alleged disparate application of special verdicts, under Wis. Stat. § 805.12(1),

State v. Jesse J. Madison, 2004 WI App 46, PFR filed 3/12/04For Madison: Charles B. Vetzner, SPD, Madison Appellate

Issue/Holding:

¶3. Madison first claims that he has a statutory right to a special verdict under Wis. Stat.§ 805.12(1). See State v. Rachel, 224 Wis. 2d 571, 575, 591 N.W.2d 920 (Ct. App.

State v. Shawn Virlee, 2003 WI App 4, PFR filed 1/3/03
For Virlee: Jack E. Schairer

Issue/Holding: Barring introduction of the post-petition grant of sentence credit was proper: this evidence “would have been irrelevant to whether the State filed its petition within ninety days of Virlee’s release and would have confused the jury on this issue.” ¶19.

State v. John Lee Laxton, 2002 WI 82, affirming unpublished court of appeals decision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.

State v. John Lee Laxton, 2002 WI 82, affirming unpublished court of appeals decision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.

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.

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 trial court adequately instructed the jury on “acts of sexual violence.”

Holding:

¶28. 

State v. Richard A. Brown (II), 2002 WI App 260, PFR filed 10/22/02
For Brown: Steven P. Weiss, SPD, Madison Appellate

Issue/Holding:

¶16. Brown next argues that the trial court erred in failing to strike a prospective juror for cause and that he was prejudiced by being forced to use one of his peremptory strikes to remove him. Although a few years ago,