00-0598 In Re the Commitment of Fowler: State v. Fowler

By: dmc-admin//January 20, 2003//

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Robert Fowler appeals his Chapter 980 commitment as a sexually violent person. He submits that: (1) the petition seeking his commitment was filed untimely and the State failed to prove that he was within 90 days of release; (2) his diagnosis of “personality disorder (not otherwise specific)” does not fall within the definition of a Chapter 980 mental disorder necessary for commitment; (3) the trial court erred in refusing to define the term “substantially probable” to the jury and this failure prevented the real controversy from being tried, or alternatively, that his attorney was ineffective for failing to object to the jury instruction or offer a jury instruction defining the term; and (4) the State improperly adduced expert testimony bearing on his credibility.

We affirm.

This opinion will not be published.

Dist I, Milwaukee County, Flanagan, J., Per Curiam

Attorneys:

For Appellant: Ellen Henak, Milwaukee

For Respondent: Robert D. Donohoo, Milwaukee; Diane M. Welsh, Madison

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