Discharge of Commitment

By: Derek Hawkins//September 15, 2020//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Rodney Timm

Case No.: 2018AP1922

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

Focus: Discharge of Commitment

Rodney Timm appeals an order denying his petition for discharge from his commitment as a sexually violent person under WIS. STAT. ch. 980 (2017-18). Upon our de novo review, we conclude as a matter of law that Timm has failed to demonstrate his condition has sufficiently changed from the time of his commitment such that he is entitled to a discharge trial. We reach this conclusion based only upon the contents of Timm’s petition and the undisputed facts of record, without our “weighing” any evidence. Accordingly, we need not, and do not, resolve the parties’ dispute over the proper standard for obtaining a discharge trial under WIS. STAT. § 980.09(2), in light of the fractured decision issued by our supreme court in State v. Hager, 2018 WI 40, 381 Wis. 2d 74, 911 N.W.2d 17. For these reasons, we affirm.

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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.

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