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2009AP2070 In re the commitment of Christopher Melendez

By: dmc-admin//September 2, 2010//

2009AP2070 In re the commitment of Christopher Melendez

By: dmc-admin//September 2, 2010//

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Sexually Violent Persons
Due process; retroactivity

Christopher Melendrez appeals the judgment entered upon a jury verdict finding that he was a sexually violent person under Wis. Stat. ch. 980 (2007-08). He also appeals the circuit court’s order denying his motion for postcommitment relief.

Melendrez makes two primary arguments on appeal. First, he contends that he is entitled to dismissal of the petition because an amendment to Wis.

Stat. ch. 980 had a retroactive effect on him that violated his right to due process. The amendment, enacted by 2005 Wis. Act 434, added third-degree sexual assault to the list of “sexually violent offense[s]” under § 980.01(6)(a), and this occurred after he had pleaded guilty to that offense. Relying on the same due process claim, he asserts he is entitled to relief from his stipulation that third-degree sexual assault was a sexually violent offense under § 980.01(6)(a).

Based on Melendrez’s arguments and the case law he provides, we conclude that 2005 Wis. Act 434 does not have a retroactive effect on Melendrez and therefore does not violate due process. This conclusion resolves against him his claim for relief from the stipulation.

Second, Melendrez contends that he is entitled to a new trial based on newly discovered evidence-an article published after the trial-that an actuarial risk assessment tool used by the State’s experts overstated the risk of recidivism for sex offenders. In the alternative, Melendrez seeks an evidentiary hearing on his motion on this ground. We conclude the circuit court properly denied the motion without an evidentiary hearing.

Accordingly, we affirm the judgment that Melendrez is a sexually violent person and the denial of Melendrez’s motion for postcommitment relief. Not recommended for publication in the official reports.

2009AP2070 In re the commitment of Christopher Melendez

Dist IV, Dane County, Niess, J., Vergeront, P.J.

Attorneys: For Appellant: Ozanne, Ismael R., Madison; Kinnunen, Erik, Madison; For Respondent: Karpe, David R., Madison

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