Conditional Release- Sufficiency of Evidence

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Graham L. Stowe

Case No.: 2022AP000409-CR

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

Focus: Conditional Release- Sufficiency of Evidence

Stowe appeals an order denying his petition for conditional release under WIS. STAT. § 971.17(4)(d) (2021-22). He argues that § 971.17(4)(d) is facially unconstitutional because it permits the continued involuntary confinement of a person who does not have a present mental disease or defect. Stowe also contends that the State failed to prove by clear and convincing evidence that he would pose a significant risk of harm to himself, others or property if he were conditionally released.

Dr. Deborah Collins, an expert, opined “to a reasonable degree of professional certainty that Mr. Stowe, if conditionally released at this time, would pose a significant risk of bodily harm to himself, others, or serious property damage.” Sufficient evidence supported the circuit court’s determination that Stowe would pose a significant risk of bodily harm to himself or to others if he were conditionally released. Doctor Collins expressly opined that Stowe would pose such a significant risk, and Stowe does not challenge Collins’ ability to provide that opinion.

Affirmed.

Decided 09/12/23

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