State v. Allison

CURLEY, PJ.

¶ 1. The State appeals the trial court's grant of summary judgment to Walter Allison, Jr., which resulted in his discharge from his commitment as a sexually violent person. The State argues that summary judgment is not permitted in Wis. Stat. ch. 980 discharge proceedings. We agree and reverse.

I. Background.

¶ 2. On July 9, 1975, Allison was convicted of one count of rape, in violation of Wis. Stat. § 944.01(1) (1973-74), and one count of sexual perversion, in violation of Wis. Stat. § 944.17(1) (1973-74).1 Allison initially was sentenced to thirty years on the rape conviction and…