On Point blog, page 2 of 7
SVP Commitments – Jurisdiction – Qualifying Conviction for Act Committed by Native American on Reservation
State v. Steven J. Burgess, 2003 WI 71, affirming 2002 WI App 264; habeas relief denied, Steven J. Burgess v. Watters, 467 F.3d 676 (7th Cir 2006)
For Burgess: Steven P. Weiss, SPD, Madison Appellate
Issue: Whether ch. 980 jurisdiction attaches to Native Americans who: are members of a tribe, residents of the tribe’s reservation, and commit the acts involved in the qualifying conviction on the reservation.
SVP – Pretrial – Petition Filed by DA without Prior DOC Request or DOJ Action
State v. Harris D. Byers, 2003 WI 86, reversing unpublished opinion of court of appeals
For Byers: Jack E. Schairer & Jefren E. Olsen, SPD, Madison Appellate
Issue/Holding:
¶26. A review of the placement of the provisions, together with the legislative history, reflects an intent to create a step-by-step process that must be followed before a district attorney has authority to file a petition.
SVP – Sufficiency of Evidence – Actuarial Instruments
State v. Steven J. Burgess, 2003 WI 71, affirming 2002 WI App 264, 258 Wis. 2d 548, 654 N.W.2d 81
For Burgess: Steven P. Weiss, SPD, Madison Appellate
Issue/Holding:
¶25. Burgess challenges his commitment based on the use of actuarial instruments in his chapter 980 commitment proceeding because they did not take into account his mental health. Consequently, Burgess contends that the instruments are irrelevant for chapter 980 proceedings because there must be a nexus between an offender’s mental disorder and the probability of committing sexually violent acts in the future.
SVP – Sufficiency of Evidence – Difficulty Controlling Behavior
State v. Steven J. Burgess, 2003 WI 71, affirming 2002 WI App 264, 258 Wis. 2d 548, 654 N.W.2d 81
For Burgess: Steven P. Weiss, SPD, Madison Appellate
Issue: Whether the evidence was sufficient, where the state’s expert conceded that respondent could conform his conduct to requirements of the law.
Holding:
¶29. Nevertheless, Burgess claims that the expert testimony presented at trial,
SVP- Postdisposition – Re-examination time limit – Initial Re-exam
State ex rel. William E. Marberry v. Macht, 2003 WI 79, reversing 2002 WI App 133, 254 Wis. 2d 690, 648 N.W.2d 522; prior history omitted
For Marberry: Donald T. Lang, SPD, Madison Appellate
Issue/Holding:
¶19. As we have noted, Chapter 980 is a civil commitment statute with dual objectives: protection of the public and treatment of persons with dangerous mental disorders.
Presumptive Minimum – Truth-in-Sentencing
State v. Tommie L. Cole, 2003 WI 59, on certification
For Cole: Suzanne L. Hagopian, SPD, Madison Appellate
Issue/Holding:
¶9. The court of appeals asks that we determine what combination of confinement in prison and extended supervision constitutes the presumptive minimum sentence when a statute provides that an offender “shall be imprisoned for not less than 3 years.”10 In other words,
Counsel – Ineffective Assistance – Deficient Performance – Failure to Read Discovery – Failure to Investigate Must Be Strategic
State v. James R. Thiel, 2003 WI 111, reversing unpublished opinion of court of appeals
For Thiel: Bruce J. Rosen
Issue/Holding:
¶37. Turning to counsel’s performance, we first recognize that counsel’s failure to review certain portions of the discovery provided by the prosecution–especially Dr. Metzler’s medical reports–was deficient performance as a matter of law. In a felony case where the client potentially faces significant prison time,
Counsel – Ineffective Assistance – Deficient Performance – Failure to Research Law
State v. James R. Thiel, 2003 WI 111, reversing unpublished opinion of court of appeals
For Thiel: Bruce J. Rosen
Issue/Holding:
¶51. Third, counsel’s interpretation of Wis. Stat. § 972.11(3) reflects a failure either to research or correctly interpret relevant portions of the law. The circuit court found that counsel interpreted this statute as allowing the defense to prevent the State from presenting evidence of the complaining witness’s prior personal or medical history if the defense did not file a motion under § 972.11(3).
Defenses – Statute of Limitations – Support Arrearages, § 893.40 – Accrual upon Entry of Support Judgment
State v. Walter Junior Benjamin, 2003 WI 50, affirming 2002 WI App 89
For Hamilton: Robert A. Ramsdell
Issue/Holding:
¶3. Walter’s case raises questions about the application of statutes of limitations to child support collection actions. The issue presented is whether the State, as an assignee of Walter’s deceased former wife, filed a timely action to collect child support arrearages in 2000.
Constitutional Defenses – Bear Arms – Fundamental Right, Under Wis. Const. Art. I, § 25 – Necessary Showing
State v. Munir A. Hamdan, 2003 WI 113, on bypass
For Hamdan: Chris J. Trebatoski
Issue/Holding:
¶86. In the meantime, we must give effect to the constitutional right embodied in Article I, Section 25.39 A defendant who challenges on constitutional grounds a prosecution for carrying a concealed weapon will be required to secure affirmative answers to the following legal questions before he or she is entitled to raise a constitutional defense.