Legal Opinion

In Re Commitment of Rachel

Court of Appeals of Wisconsin

Decided March 24, 2010No. 2009AP1132PublishedCited by 2 opinions

1Opinion of the CourtSnyder, J.

¶ 1. Tory L. Rachel appeals from an order denying his petition for supervised release from his Wis. Stat. ch. 980 (2007-08) 1 commitment. He contends that the circuit court applied the wrong legal standard and misplaced the burden of proof on him rather than on the State when denying his petition. The circuit court held that Rachel must prove by clear and convincing evidence that the criteria for granting supervised release were satisfied. Because the legislature has extensively revised the relevant statutes, and because the circuit court properly interpreted the implications of these…

2Cases cited14 opinions

  1. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  2. State v. PostWisconsin Supreme Court · 1995
  3. State v. CarpenterWisconsin Supreme Court · 1995
  4. Village of Trempealeau v. MikrutWisconsin Supreme Court · 2004
  5. State v. WalbergWisconsin Supreme Court · 1982

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

3Cited by2 opinions

  1. State v. WestWisconsin Supreme Court · 2011
  2. State v. GilbertCourt of Appeals of Wisconsin · 2011

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