By: WISCONSIN LAW JOURNAL STAFF//May 28, 2014//
Wisconsin Court of Appeals
Criminal
Sexually Violent Persons — discharge
Phillip Gadzinski appeals an order denying his petition for discharge from a Wis. Stat. ch. 980 commitment. The circuit court denied Gadzinski’s petition without a discharge hearing, concluding the petition did not set forth any new evidence, not considered at the original commitment trial, from which a reasonable fact finder could conclude Gadzinski did not meet the criteria for commitment as a sexually violent person. Gadzinski argues his petition was sufficient to warrant a discharge hearing. We reject his argument and affirm. This opinion will not be published.
2013AP1789 In re the commitment of Phillip J. Gadzinski
Dist III, Brown County, Kelley, J., Per Curiam
Attorneys: For Appellant: Kachinsky, Leonard D., Appleton; For Respondent: Noet, Nancy A., Madison; Lasee, David L., Green Bay