01-1370 In re the Commitment of Keith D. Heacox: State v. Heacox

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Keith Heacox appeals a judgment finding him a sexually violent person, an order committing him to institutional care pursuant to Wis. Stat. ch. 980,1 and an order denying his motion for post-trial relief. Heacox argues (1) schizophrenia is not a mental disorder that predisposes a person to engage in acts of sexual violence; (2) ch. 980 violates due process because it does not require a separate finding of serious difficulty in controlling behavior; (3) the jury instructions misled the jury and violated his due process rights; and (4) changes to ch. 980 violate equal protection. We conclude that a new trial is not warranted under issue one. Further, we determine issues two and three are controlled by our supreme court’s decision in State v. Laxton, 2002 WI 82, 254 Wis. 2d 185, 647 N.W.2d 784, and reject both arguments. Finally, we reject Heacox’s claim under issue four because it is controlled by our decision in State v. Williams, 2001 WI App 263, 249 Wis. 2d 1, 637 N.W.2d 791.

Accordingly, we affirm the trial court’s judgment and orders.

Not recommended for publication in the official reports.

Dist III, Barron County, Brunner, J., Peterson, J.

Attorneys:

For Appellant: Jack E. Schairer, Madison

For Respondent: James C. Babler, Barron; Warren D. Weinstein, Madison