On Point: H. Ch. 980, SVPs

State v. Edwin Clarence West, 2011 WI 83, affirming unpublished opinion; for West: Ellen Henak, SPD, Milwaukee Appellate; case activity [Companion case: State v. Nordberg, 2011 WI 84 (same result, controlled by West).]

Someone under ch. 980 commitment as a sexually violent person bears the burden of proving by clear and convincing evidence the criteria for granting supervised release under § 980.08(4)(cg),

State v. Charles M. Ermers, Jr., 2011 WI App 113 (recommended for publication); for Ermers: Steven D. Phillips, SPD, Madison Appellate; case activity

A ch. 980 discharge hearing requires that the petitioner allege “facts from which the court or jury may conclude the person’s condition has changed since the date of his or her initial commitment order so that the person does not meet the criteria for commitment as a sexually violent person,” 

State v. Albert M. Virsnieks, 2010AP1967, District 2 / 1, 6/21/11

court of appeals decision (not recommended for publication); pro se; case activity

Virsnieks’ plea-based conviction for burglary supported  ch. 980 commitment.

¶35      A Wis. Stat. ch. 980 petition must allege, among other things, that a “person has been convicted of a sexually violent offense.”[5] Wis. Stat. § 980.02(2)(a)1.  A “[s]exually violent offense” is defined,

State v. Scott Maher, 2010AP460, District 4, 5/26/11

court of appeals decision (not recommended for publication); for Maher: Donald T. Lang, SPD, Madison Appellate; case activity

Testimony from a State’s expert witness describing the ch. 980 screening process was irrelevant.

¶11      We addressed the issue of the admissibility of this same type of evidence in State v. Sugden, 2010 WI App 166,

State v. Herbert O. Richard, 2011 WI App 66 (recommended for publication); for Richard: Steven D. Grunder, SPD, Madison Appellate; case activity

Changes in the scoring of the actuarial test which was used to support Richard’s commitment at his original trial, cannot support his discharge petition even though his new score would reduce his predicted likelihood of reoffending.

¶13      Richard argues that the circuit court improperly dismissed his petition for discharge and that he is entitled to a discharge hearing. 

State v. Carl Cornelius Gilbert, Jr. / State v. Price T. Hunt, 2011 WI App 61, affirmed 2012 WI 72 (recommended for publication); for Gilbert: William J. Tyroler, SPD, Milwaukee Appellate; for Hunt:  Eric James Van Schyndle, Leah Stoecker, Allison E. Cimpl-Wiemer; case activity (Gilbert), case activity (Hunt); affirmed, 2012 WI 72

SVP – Pre-Commitment Return to DOC Custody

¶1        … 

on bypass petition; for Nordberg: Donald T. Lang, SPD, Madison Appellate; case activity

Issue:

Whether someone under ch. 980 commitment as a sexually violent person bears the burden of proving by clear and convincing evidence the criteria for granting supervised release under § 980.08(4).

The court of appeals held, in State v. Rachel, 2010 WI App 60, 324 Wis. 2d 465, 782 N.W.2d 443,

State v. Eric James Hendrickson, 2010AP1181, District 3/4, 3/10/11

court of appeals decision (not recommended for publication); for Hendrickson: Jefren E. Olsen, SPD, Madison Appellate; case activity

Under State v. Laxton, 2002 WI 82, 254 Wis. 2d 185, 647 N.W.2d 784, proof of a mental disorder implicitly proves requisite risk of sexually violent recidivism (“serious difficulty” controlling behavior). Therefore, “direct evidence” of such difficulty,

State v. Kenneth R. Parrish, 2010AP809, District 1, 2/15/11

court of appeals decision (3-judge, not recommended for publication); for Parrish: Ellen Henak, SPD, Milwaukee Appellate; case activity; Parrish BiC; State Resp.; Reply

SVP – Petition for Discharge – Request for Independent Examiner

Parrish’s failure to unequivocally request appointment of an independent examiner dooms his argument on appeal that the trial court “prematurely dismissed his petition for discharge (§ 980.09) without first appointing an examiner,

State v. Lee Alexander Brown, 2010AP970, District 1, 2/1/11

court of appeals decision (3-judge, not recommended for publication); for Brown: Russell D. Bohach; case activity; Brown BiC; State Resp.

The court holds that Brown knowingly, intelligently and voluntarily waived his right to counsel at trial on his sexually violent person petition.  Although there is a question as to whether the right to counsel under the 6th amendment and Art.