Sufficiency of Evidence

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Jamie Lane Stephenson

Case No.: 2018AP2104

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Sufficiency of Evidence

Jamie Stephenson appeals an order denying his petition for discharge from his commitment as a sexually violent person under WIS. STAT. ch. 980 (2017-18). He also appeals an order denying his motion for postcommitment relief. Stephenson argues the circuit court erred by denying his discharge petition because the State was required—and failed—to present expert testimony that Stephenson was dangerous to others because his qualifying mental disorders made it more likely than not that he would commit a future act of sexual violence. In the alternative, Stephenson argues that even if such expert testimony was not required, the evidence at his discharge hearing was insufficient to satisfy the State’s burden of proof regarding his risk of reoffense.

We conclude, as a matter of first impression, that the State is not required to present expert testimony in order to meet its burden of proof on the question of future dangerousness in discharge proceedings under WIS. STAT. ch. 980. We further conclude that the evidence presented at Stephenson’s discharge hearing was sufficient to establish that Stephenson’s qualifying mental disorders made it more likely than not that he would commit a future act of sexual violence. We therefore affirm the orders denying Stephenson’s discharge petition and his motion for postcommitment relief.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.