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99-0957, 00-0552 In Re the Commitment of Nathan Lalor: State v. Lalor

By: dmc-admin//November 19, 2001//

99-0957, 00-0552 In Re the Commitment of Nathan Lalor: State v. Lalor

By: dmc-admin//November 19, 2001//

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In court of appeals case No. 99-0957, Nathan Lalor has appealed from a judgment committing him for institutional care in a secure facility based upon a determination that he is a sexually violent person within the meaning of Wis. Stat. sec. 980.01(7) (1999-2000). In court of appeals case No. 00-0552, Lalor has appealed from an order denying his motion for relief from judgment.

Lalor raises 11 issues in his consolidated appeals, including a claim that the judgment of commitment must be reversed because the State failed to prove at trial that he was within 90 days of discharge or release from a secured correctional facility or a secured child caring institution. Based upon State v. Thiel (Thiel I), 2000 WI 67, 235 Wis.2d 823, 612 N.W.2d 94, and State v. Thiel (Thiel II), 2001 WI App 52, 241 Wis.2d 439, 625 N.W.2d 321, review denied, 2001 WI 88, 246 Wis.2d 165, 630 N.W.2d 219 (Wis. May 8, 2001) (No. 99-0316), we reverse the judgment in part and remand the case for the limited purpose of conducting a trial on the issue of whether Lalor was within ninety days of discharge or release as alleged in the petition filed against him pursuant to Wis. Stat. sec. 980.02(2). We reject the remainder of Lalor’s arguments challenging the judgment.

In addition, we affirm the order denying Lalor’s motion for relief from the judgment.

This opinion will not be published.

Dist II, Racine County, Mueller, J., Per Curiam

Attorneys:

For Appellant: Jack E. Schairer, Madison

For Respondent: Robert S. Flancher, Racine; Marguerite M. Moeller, Madison; Diane M. Welsh, Madison

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