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Sexually Violent Persons — supervised release

By: WISCONSIN LAW JOURNAL STAFF//March 22, 2012//

Sexually Violent Persons — supervised release

By: WISCONSIN LAW JOURNAL STAFF//March 22, 2012//

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Wisconsin Court of Appeals

Criminal

Sexually Violent Persons — supervised release

Charles Anderson appeals an order denying his motion for supervised release from confinement as a sexually violent person. The court found that Anderson failed to meet his burden of establishing three criteria for supervised release: sufficient progress in treatment, substantial improbability that Anderson would engage in an act of sexual violence while on supervised release, and that he would comply with treatment and rules. See Wis. Stat. § 980.08(4) (2009-10). Anderson argues that (1) as a threshold matter, the circuit court must first rule on a petitioner’s continued eligibility for ch. 980 commitment by making a finding of dangerousness to the point where it is more likely than not that he will reoffend; (2) the court’s decision represents its will and not its judgment, and its ruling was arbitrary and capricious; (3) the court impermissibly interfered with Anderson’s attempts to examine and cross-examine witnesses; (4) one of the State’s witnesses, Dr. Lori Pierquet, “used faulty and sub-standard judgment in her testimony;” and (5) ch. 980 is unconstitutional on its face and as applied. We reject these arguments and affirm the order. This opinion will not be published.

2011AP1004 In re the commitment of Charles G. Anderson

Dist IV, Portage County, Finn, J., Per Curiam

Attorneys: For Appellant: Anderson, Charles G., pro se; For Respondent: Eagon, Thomas B., Stevens Point; Weber, Gregory M., Madison; Greene, Kevin C., Green Bay

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