On Point blog, page 5 of 7
SVP – Post-Disposition – Petition for Discharge Procedure, § 980.09(2)(a) (2006) – Timely Probable Cause Hearing, Due Process
State v. Deryl B. Beyer, 2006 WI 2, on certification; prior history: 2001 WI App 167, cert. denied, Beyer v. Wisconsin, 537 U.S. 1210 (2003)
For Beyer: Donald T. Lang, SPD, Madison Appellate
Issue1: Whether due process was violated by delay of over 22 months between the time the first annual periodic examination report was provided to the circuit court under § 980.07 and the circuit court’s probable cause hearing under § 980.09(2)(a).
SVP – Supervised Release Determination, Standard of Review on Appeal
State v. Richard A. Brown, 2005 WI 29, reversing 2004 WI App 33, 269 Wis. 2d 750, 767 N.W.2d 555
For Brown: Steven P. Weiss, SPD, Madison Appellate
Issue/Holding:
¶8. The issue presented by the parties in the instant case is whether a circuit court’s denial of a chapter 980 petition for supervised release should be classified as a determination of a question of law or as an exercise of circuit court discretion.
SVP – Supervised Release Determination, Sufficiency of Evidence
State v. Richard A. Brown, 2005 WI 29, reversing 2004 WI App 33, 269 Wis. 2d 750, 767 N.W.2d 555
For Brown: Steven P. Weiss, SPD, Madison Appellate
Issue/Holding: Where the only witness at Brown’s supervised release hearing was an expert who supported release, and the evidence indisputably showed favorable response to treatment, the State failed to meet its burden of proof that Brown should not be released,
SVP – Postdisposition – Petition for Supervised Release, § 980.08(4), Generally
State v. Richard A. Brown, 2005 WI 29, reversing 2004 WI App 33, 269 Wis. 2d 750, 767 N.W.2d 555
For Brown: Steven P. Weiss, SPD, Madison Appellate
Issue/Holding:
¶11. According to Wis. Stat. § 980.08(4), the circuit court starts in the position of having to grant a petition for supervised release. The circuit court does not have to grant the petition if the State proves by clear and convincing evidence that the person is still a sexually violent person and that it is substantially probable that the person will engage in acts of sexual violence if the person is not continued in institutional care.
SVP – Post-Disposition – Discharge Procedure – Probable Cause Determination, Insufficient Showing on Particular Facts
State v. Robert M. Fowler, 2005 WI App 41, PFR filed 3/9/05For Fowler: Randall E. Paulson, SPD, Milwaukee Appellate
Issue/Holding:
¶30 Dr. Harasymiw’s report concludes that Fowler still is a sexually violent person. This was sufficient to support the trial court’s conclusion that it was substantially probable that Fowler would engage in acts of sexual violence. …¶31 … Although Dr. Maskel disagreed with certain conclusions,
SVP – Disposition: Supervised Release – Revocation – Sufficiency of Evidence
State v. Ervin Burris, 2004 WI 91, affirming 2002 WI App 262, 258 Wis. 2d. 454, 654 N.W.2d 866
For Burris: Joseph L. Sommers
Issue/Holding:
¶73. Judge Welker found that Burris disregarded the rules of his supervised release in order to satisfy his compulsive urges. Burris consumed alcohol, a drug that lowers inhibitions. He abused the privileges provided to him in order to meet a married woman and have sex with her,
SVP – Postdisposition: Supervised Release – Hearing – Expert’s Report
State v. Richard A. Brown III, 2004 WI App 33, reversed on other grounds, 2005 WI 29
For Brown: Steven P. Weiss, SPD, Madison Appellate
Issue: Whether, at a § 980.08 supervised release hearing, an expert’s report filed under § 980.08(3) may be introduced into evidence, though hearsay and though the author does not testify.
Holding:
¶14. …. Generally, where a party secures the services of a psychologist or other professional in support of an action,
SVP – Postdisposition: Supervised Release – Procedure – Appointment of Expert for Subject, §§ 980.08(3)-(4)
State v. Dennis Thiel, 2004 WI App 225
For Thiel: Suzanne L. Hagopian, SPD, Madison Appellate
Issue1: Whether the court must appoint an examiner for the subject under § 980.08(3) when it has already appointed one under § 980.08(4).
Holding:
¶17. The parties agree that the language of Wis. Stat. § 980.08(3) requires the circuit court to appoint an examiner for the court, and we concur.
SVP – Post-Disposition: Petition for Discharge Procedure, § 980.09(2) (2004) – Probable Cause Hearing / Full Evidentiary Hearing
State v. Dennis R. Thiel, 2004 WI App 140, PFR filed 7/16/04
For Thiel: Suzanne L. Hagopian
Issue: Whether an examiner’s recommendation of supervised release established probable cause that Thiel was no longer a sexually violent person and therefore supported a full evidentiary hearing on release, pursuant to § 980.09(2).
Holding:
¶15. Thiel’s claim falls under Wis. Stat. § 980.09(2), which sets forth the procedural posture for a committed individual’s petition for discharge without the approval of the secretary of the Department of Health and Human Services.
SVP – Post-Disposition: Petition for Discharge Procedure – Delay in Implementing Remand Order of Appellate Court
State v. Dennis R. Thiel, 2004 WI App 140, PFR filed 7/16/04
For Thiel: Suzanne L. Hagopian
Issue/Holding:
¶27. We now turn to the second issue on appeal-that being, whether Thiel’s due process rights were violated because the circuit court failed to initiate proceedings following remand by this court and therefore nothing occurred until Thiel initiated proceedings by writing to the court nearly ten months later.