By: Derek Hawkins//July 14, 2015//
Criminal
WI Court of Appeals – District III
Officials: Hoover, P.J., Stark and Hruz, JJ.
Commitment – Petition for Discharge
2014AP1871 State of Wisconsin v. Michael Alger
Appellant Michael Alger appeals an order denying his 2014 petition for discharge from his WIS. STAT. Ch. 980 commitment. Alger’s petition included an expert report applying new research concluding that Alger no longer met the criteria for commitment under WIS. STAT. Ch. 980
“Under the circumstances, we conclude Alger’s petition is sufficient under WIS. STAT. § 980.09(1) and (2). Based on Dr. Subramanian’s report, which reflects the opinions of an independent, agency-appointed expert, as well as the similar opinions of Dr. Rypma, a jury would likely conclude Alger no longer meets the criteria for commitment as a sexually violent person. Accordingly, we reverse and remand with directions for the circuit court to hold a discharge trial pursuant to WIS. STAT. § 980.09(3).”
Holding
Reversed and Remanded. Per Curiam.