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Sexually Violent Persons — discharge petitions — hearings
By: WISCONSIN LAW JOURNAL STAFF//August 29, 2012//
Sexually Violent Persons — discharge petitions — hearings
By: WISCONSIN LAW JOURNAL STAFF//August 29, 2012//
Listen to this articleWisconsin Court of Appeals
Criminal
Sexually Violent Persons — discharge petitions — hearings
Joseph A. Prellwitz appeals from an order denying his petition for discharge from his commitment as a sexually violent person under Wis. Stat. ch. 980 (2009-10). The issue is whether the report of an independent examiner entitled Prellwitz to a full discharge hearing. We conclude that even considering the report’s new and lower Static-99R score, no reasonable fact finder could find that Prellwitz is no longer a sexually violent person. We affirm the trial court’s order dismissing the discharge petition without a hearing. This opinion will not be published.
Dist II, Fond du Lac County, Nuss, J., Per Curiam
Attorneys: For Appellant: Kachinsky, Leonard D., Appleton; For Respondent: Whelan, Maura F.J., Madison; Kaminsky, Daniel, Fond du Lac
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