Wisconsin v. Talley

¶ 1. Thornon Talley appeals the circuit court's order continuing his Wxs. Stat. ch. 980 commitment after he unsuccessfully petitioned for discharge from the commitment. He also appeals an order denying his motion for post-commitment relief. Talley challenges Wis. Stat. § 980.09(3) as facially unconstitutional because it denies due process. More specifically, Talley argues that the statute is defective because it requires only clear and convincing evidence instead of proof beyond a reasonable doubt. The State disagrees, *524and additionally argues that Talley forfeited his facial challenge by…