On Point blog, page 1 of 1
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 – Disposition: Supervised Release – Revocation – Consideration of Alternatives to Revocation
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: Whether, on revocation of supervised release of a sexually violent person, § 980.06(2)(d) (1997-98), the circuit “court must, for any reason, expressly consider alternatives to revocation before revoking supervised release when the court determines that the safety of others requires revocation,
SVP – Postdisposition: Supervised Release – Revocation – Notice: Vague Condition
State v. Ervin Burris, 2004 WI 91, affirming 2002 WI App 262, 258 Wis. 2d. 454, 654 N.W.2d 866For Burris: Joseph L. SommersIssue: Whether a condition of supervised release, that Burris “avoid all conduct … that is not in the best interest of the public’s welfare or your rehabilitation” provided adequate notice that obtaining a prescription for Viagra would subject him to revocation.
Holding:
¶53.
SVP – Postdisposition: Supervised Release – Revocation – Uncharged Rule Violation – Right to Notice
State v. Keith Alan VanBronkhorst, 2001 WI App 190
For VanBronkhorst: Jack E. Schairer, SPD, Madison Appellate
Issue: Whether revocation of supervised release from a ch. 980 commitment was properly based on an uncharged rule violation.
Holding:
¶9 … “(P)rocedural due process protections afforded in probation or parole revocation proceedings apply to supervised release revocation proceedings under ch. 980. “…¶15. Notice to comply with due process requirements must be given sufficiently in advance of scheduled court proceedings so that a defendant will have a reasonable opportunity to prepare.