By: WISCONSIN LAW JOURNAL STAFF//May 26, 2011//
Sexually Violent Persons
Postcommitment treatment
Scott Maher appeals a judgment entered on a jury verdict determining that he is a sexually violent person and committing him pursuant to Wis. Stat. ch. 980 (2009-10). He also appeals an order of the circuit court denying his motion for a new trial. Maher requests that we exercise our discretionary authority under Wis. Stat. § 752.35 and reverse the judgment and order of the circuit court on the basis that testimony regarding the ch. 980 screening process and postcommitment treatment were irrelevant and so clouded the trial that the real controversy was not fully tried. We agree with Maher that the testimony was not relevant and should not have been admitted at trial. However, we do not agree that it so tainted the trial process that the real controversy was not fully tried. We consequently affirm the judgment of commitment and decline to order a new trial. Not recommended for publication in the official reports.
2010AP460 In re the commitment of Scott Maher
Dist IV, Columbia County, Miller, J., Sherman, J.
Attorneys: For Appellant: Lang, Donald T., Madison; For Respondent: Weinstein, Warren D., Madison; Krueger, Dennis R., Madison