Sexually Violent Persons — new trials — interests of justice

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Wisconsin Court of Appeals

Criminal

Sexually Violent Persons — new trials — interests of justice

Montgomery Clark appeals a judgment committing him as a sexually violent person and an order denying his postcommitment motion for a new trial. He argues: (1) allowing the jury to hear comments made at a sentencing hearing by the same judge who conducted the Wis. Stat. Ch. 980 trial constituted plain error; (2) the court erred by submitting a report to the deliberating jury that contained prejudicial hearsay; and (3) Clark is entitled to a new trial in the interest of justice because these errors caused the real controversy not to be fully and fairly tried. We reverse the judgment and the order and remand the matter for a new trial based on each of these arguments. This opinion will not be published.

2011AP1979 In re the commitment of Montgomery L. Clark

Dist III, Dunn County, Stewart, J., Per Curiam

Attorneys: For Appellant: Grunder, Steven D., Madison; For Respondent: Peterson, James M., Menomonie; St. John, Rebecca Rapp, Madison