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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
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SVP – Postdisposition: Expert – Right to, Re-exam
State v. Dennis R. Thiel (III), 2001 WI App 32, 241 Wis. 2d 465, 626 N.W.2d 26 For Thiel: John D. Lubarsky, SPD, Madison Appellate Issue: Whether the trial court properly exercised discretion in refusing the indigent’s request for an independent expert on a § 980.07(1) (1997-98) reexamination. Holding: ¶25 The first use of the […]
SVP – Pretrial – Probable Cause Hearing – Timeliness
State v. Deryl B. Beyer, 2001 WI App 167, PFR filed For Beyer: Jack E. Schairer, SPD, Madison Appellate Issue1: Whether the trial court lost competence because the 72-hour time limit for a probable cause hearing, imposed by § 980.04(2), had passed. Holding: Although the statutory time limit uses the term “shall,” it is directory rather than […]
SVP – Qualifying Predicate Offense
State v. Aaron K. Gibbs, 2001 WI App 83, 242 Wis. 2d 640, 625 N.W.2d 666 For Gibbs: Donna L. Hintze, SPD, Madison Appellate Issue: Whether a delinquency adjudication under former Wis. Stat. Ch. 48 (1993-94) supports a Ch. 980 petition. Holding: ¶7 The question is whether in 1997 the circuit court had the authority under […]
SVP – Postdisposition – Burden of persuasion, petition for discharge probable cause hearing
State v. Glenn Allen Thayer, 2001 WI App 51, 241 Wis. 2d 417, 626 N.W.2d 811 For Thayer: Jane K. Smith Issue: Whether the trial court improperly assigned the burden of persuasion to the inmate at the § 980.09(2)(a) probable cause hearing. Holding: The burden of persuasion is assigned to neither party at a § […]
SVP – Postdisposition – Discharge Procedure – Right to full evidentiary hearing after “paper review”
State v. Glenn Allen Thayer, 2001 WI App 51, 241 Wis. 2d 417, 626 N.W.2d 811 For Thayer: Jane K. Smith Issue: Whether the patient was entitled to a full evidentiary hearing on release following the reexamination probable cause “paper review.” Holding: ¶26 A full evidentiary hearing was unwarranted. The only evidence before the trial […]
SVP – Postdisposition – Discharge Procedure – Right to counsel, timing of appointment
State v. Glenn Allen Thayer, 2001 WI App 51, 241 Wis. 2d 417, 626 N.W.2d 811 For Thayer: Jane K. Smith Issue: Whether the lateness of counsel’s appointment, six days before the paper review probable cause hearing, violated due process. Holding: Construing Thayer’s argument to raise a contention that due to lateness of the appointment, […]
SVP – Substantive Due Process – Automatic SVP commitment to secure confinement
State v. Ronald Ransdell, 2001 WI App 202, PFR filed 8/27/01 For Ransdell: Ellen Henak, SPD, Milwaukee Appellate Issue: Whether the automatic initial commitment to institutional care provision, § 980.06, on its face violates substantive due process. Holding: A person challenging the constitutionality of a statute must show its infirmity beyond reasonable doubt; a statute restricting liberty […]
Sentencing – Factors – Exercising Right to Trial/Evaluation of Defendant’s Testimony
State v. Garren G. Gribble, 2001 WI App 227, PFR filed For Gribble: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether the sentencing court punished the defendant for going to trial and by stressing the perceived falsity of the theory of defense. Holding: ¶66. We do not agree with Gribble’s claim that the trial court was […]
Sentencing – Review – Factors — Use of Pretrial Psychiatric Evaluation
State v. Joshua Slagoski, 2001 WI App 112, PFR filed 4/27/01 For Slagoski: Christopher William Rose Issue1: Whether the results of a competency examination, which suggested that defendant presented a homicide-suicide risk, amounted to materially inaccurate information used at sentencing. Holding: ¶9 We conclude that it is entirely reasonable that a mental competency examination designed to address […]
Sentencing – Review – Factors — Defense Right to Present — Limited by Relevancy
State v. Shomari L. Robinson, 2001 WI App 127, 629 N.W.2d 810, PFR filed 5/7/01 Robinson: Joseph L. Sommers Issue: Whether the trial court impermissibly limited the defense presentation at sentencing. Holding: ¶19 What remains is for us to consider whether the trial court erroneously exercised its discretion by prohibiting Robinson from presenting his “car evidence” at […]
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.