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Sexually Violent Persons — discharge; burden of proof — constitutionality

Wisconsin Court of Appeals

Criminal

Sexually Violent Persons — discharge; burden of proof — constitutionality

Alfred Riley appeals an order denying his petition for discharge from a commitment as a sexually violent person under Chapter 980 of the Wisconsin Statutes. The sole issue on appeal is whether the use of the clear-and-convincing-evidence burden at Chapter 980 discharge trials violates principles of substantive and procedural due process, given that the Wisconsin Statutes require the State to prove the case for an initial commitment beyond a reasonable doubt. We conclude that current case law compels the conclusion that the clear and convincing standard is constitutional, and therefore affirm. This opinion will not be published.

2011AP2404 In re the commitment of Alfred T. Riley

Dist IV, Dane County, Niess, J., Per Curiam

Attorneys: For Appellant: Karpe, David R., Madison; For Respondent: Whelan, Maura F.J., Madison; Ozanne, Ismael R., Madison

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