Ch. 980 Discharge Petition

By: Derek Hawkins//March 14, 2017//

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WI Supreme Court

Case Name: State of Wisconsin v. Thornon F. Talley

Case No.: 2017WI21

Focus: Ch. 980 Discharge Petition

In this review of a Chapter 980 petition for discharge, we consider whether “socializing more with peers,” “join[ing] a fitness group,” and increased communication from family members are changes from which a factfinder could determine Thornon F. Talley is no longer a sexually violent person. We conclude that these facts, which resulted in no change to the evaluating psychologist’s ultimate conclusion or overall risk assessment, are not enough to satisfy the statutory threshold for a discharge hearing set forth in Wis. Stat. § 980.09(2) (2011-12). We affirm the unpublished court of appeals decision, which affirmed the circuit court order denying Talley’s petition for a discharge hearing.

Affirmed

Dissented:

Concurred: Abrahamson, Bradley, Zieger, Gableman

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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