Legal Opinion
State v. Brissette
Court of Appeals of Wisconsin
Decided August 18, 1999No. 98-2152PublishedCited by 2 opinions
1Opinion of the CourtBrown, P.J.
Frederick J. Brissette appeals from his commitment as a sexually violent person, claiming that the trial court lost competence to proceed when it did not hold a probable cause hearing for him within seventy-two hours of the filing of the sexually violent person petition. See § 980.04(2), Stats. We conclude that the phrase "in custody" in § 980.04(2) means in custody pursuant to ch. 980, STATS. Therefore, because Brissette was in custody pursuant to a prison sentence when the petition was filed, not pursuant to ch. 980, the seventy-two-hour timeline did not apply to him. We affirm.
The facts…
2Cases cited12 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- County of Riverside v. McLaughlinSupreme Court of the United States · 1991
- State v. KochWisconsin Supreme Court · 1993
- United States v. Michael S. MenzerCourt of Appeals for the Seventh Circuit · 1994
- Green County Department of Human Services v. H.N.Wisconsin Supreme Court · 1991
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. BeyerCourt of Appeals of Wisconsin · 2001
- Deputy v. Lehman Brothers, Inc.District Court, E.D. Wisconsin · 2005