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2010AP1188 State v. Richard

By: WISCONSIN LAW JOURNAL STAFF//April 27, 2011//

2010AP1188 State v. Richard

By: WISCONSIN LAW JOURNAL STAFF//April 27, 2011//

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Sexually Violent Persons
Discharge hearings

A research paper contending that sex offenders are less likely to recommit as they get older is insufficient to entitle a sexually violent person to a discharge hearing.

“Richard argues that Combs held that a new actuarial table by itself is enough to demonstrate that an offender is no longer a sexually violent person.

This is not so.  We stressed in Combs that the problem was that the court-appointed psychologist’s report was not based upon any new actuarial tools or methods.  Richard improperly deduces that Combs held that new actuarial research, absent a psychological examination, is enough to demonstrate that an offender is no longer a sexually violent person.  Combs, like Pocan, is not controlling as Richard has not undergone another psychological evaluation using the research report he cited.”

Affirmed.

Recommended for publication in the official reports.

2010AP1188 State v. Richard

Dist. III, Chippewa County, Cameron, J., Reilly, J.

Attorneys: For Petitioner: Christopher G. Wren, Madison; For Respondent: Steven D. Grunder, Madison

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