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00-2365 In Re the Commitment of Williams: State v. Williams

By: dmc-admin//June 4, 2001//

00-2365 In Re the Commitment of Williams: State v. Williams

By: dmc-admin//June 4, 2001//

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Daniel Williams, a civilly committed Wis. Stat. Ch. 980 patient held at the Wisconsin Resource Center (WRC), appeals from a trial court order granting the State’s motion for relief from the court’s previous order granting Williams’s petition for supervised release. Williams argues that the provisions of Wis. Stat. secs. 806.07 and 805.15 (1999-2000) regarding newly discovered evidence do not apply to the unambiguous mandates of Wis. Stat. sec. 980.08(4); consequently, he should have been released once supervised release had been granted. In the alternative, Williams argues that the Wis. Stat. sec. 980.07 periodic doctor’s report does not constitute newly discovered evidence under secs. 806.07(1)(b) and 805.15(3). While we decline to address Williams’s former argument, we agree with his latter contention. Reversed and remanded. Not recommended for publication in the official reports.

Dist II, Racine County, Mueller, J., Snyder, J.

Attorneys:

For Appellant: Adrienne M. Moore, Racine

For Respondent: Robert S. Flancher, Racine, et al.

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