On Point blog, page 1 of 1
7th Circuit: Committing a person under ch. 980 while he’s still in prison doesn’t violate Foucha v. Louisiana
Carl C. Gilbert, Jr., v. Deborah McCulloch, No. 13-3460 (7th Cir. Jan. 12, 2015)
Gilbert was committed as a sexually violent person while he was still in prison serving a criminal sentence, so he was not transferred to the ch. 980 treatment facility till he finished the sentence. The state courts upheld his commitment and the Seventh Circuit now rejects Gilbert’s habeas challenge, holding the state court’s decision was not clearly contrary to, nor an unreasonable application of, Foucha v. Louisiana, 504 U.S. 71 (1992).
Bruce N. Brown v. Watters, 7th Circuit Appeal No. 08-1171, 3/19/10
7th circuit court of appeals decision; habeas review of: Wis court of appeals decision, 03AP3252
Habeas – Supplement Record
… Although we generally decline to supplement the record on appeal with materials not before the district court, we have not applied this position categorically. See, e.g., Ruvalcaba v. Chandler, 416 F.3d 555, 562 n.2 (7th Cir. 2005) (in habeas case,