Legal Opinion

State v. Thiel

Court of Appeals of Wisconsin

Decided January 24, 2001No. 99-0316PublishedCited by 21 opinions

1Opinion of the CourtAnderson, J.

¶ 1. At the direction of the Wisconsin Supreme Court, we have considered what is the appropriate remedy for the new statutory interpretation announced in State v. Thiel, 2000 WI 67, 235 Wis. 2d 823, 612 N.W.2d 94. We conclude that the requirement that the State must prove beyond a reasonable doubt that a WlS. STAT. ch. 980 (1997-98) 1 detainee is within ninety days of release shall be applied retroactively, and Thiel shall receive the benefit of retroactive application. We further conclude that the Double Jeopardy Clause does not prevent a remand to the circuit court for a trial limited to…

2Cases cited34 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. Griffith v. KentuckySupreme Court of the United States · 1987
  3. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  4. Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
  5. Great Northern Railway Co. v. Sunburst Oil & Refining Co.Supreme Court of the United States · 1932

29 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Caperton v. AT Massey Coal Co., Inc.West Virginia Supreme Court · 2009
  2. State v. MorfordWisconsin Supreme Court · 2004
  3. Findley v. FindleySupreme Court of Georgia · 2006
  4. DiCenzo v. A-Best Products Co.Ohio Supreme Court · 2008
  5. Caperton v. AT Massey Coal Co., Inc.West Virginia Supreme Court · 2008

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API