02-0046 In Re: the Commitment of Shawn Virlee

By: dmc-admin//December 16, 2002//

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“We decline to address Virlee’s due process and equal protection arguments because he fails to establish, and we do not see, how the statute’s lack of a provision for pretrial release affects the trial court’s judgment. Virlee’s appeal challenges his commitment. He does not argue that his inability to be released pending his trial somehow rendered the jury’s verdict or the court’s order of commitment improper. Even if we were to conclude Virlee had a right to be released before trial, the error would be harmless because it has no bearing on whether he is sexually violent.”

Judgment and order affirmed.

Recommended for publication in the official reports.

Dist III, Door County, Diltz, J., Cane, C.J.

Attorneys:

For Appellant: Jack E. Schairer, Madison

For Respondent: Timothy W. Funnell, Sturgeon Bay; Diane M. Welsh, Madison

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