State v. Joseph J. Spaeth

¶ 36. {dissenting). The question presented in this case is whether a petition filed pursuant to Wis. Stat. § 980.02 (Chapter 980 petition) for the civil commitment of a sexually violent person must be dismissed when the conviction for the predicate offense has been reversed and the charges dismissed. The majority concludes that when assessing a Chapter 980 petition, a reviewing court may focus on the sufficiency of the petition solely at the time it was filed, Majority op., ¶ 35, enabling the State to prove a different sexually violent offense at the probable cause hearing and at trial, even…