2010AP1181 In re the commitment of Eric James Hendrickson

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Sexually Violent Persons
Discharge hearings

Eric Hendrickson was committed as a sexually violent person under Wis. Stat. ch. 980. This appeal concerns a subsequent discharge hearing at which the circuit court found that there was sufficient evidence to continue Hendrickson’s commitment. Hendrickson argues that, regardless whether the proof at his discharge hearing satisfied the elements in the pattern jury instruction defining a sexually violent person, case law additionally requires proof that the person has a mental disorder involving serious difficulty controlling behavior. He argues that proof of serious difficulty controlling behavior was lacking and, therefore, his continued commitment is illegal. We conclude that State v. Laxton, 2002 WI 82, 254 Wis. 2d 185, 647 N.W.2d 784, requires rejection of Hendrickson’s argument. Accordingly, we affirm the circuit court. Not recommended for publication in the official reports.

2010AP1181 In re the commitment of Eric James Hendrickson

Dist III, Marathon County, Huber, J., Lundsten, J.

Attorneys: For Appellant: Olsen, Jefren E., Madison; For Respondent: Heimerman, Kenneth J., Wausau; Losse, Michael J., Madison

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