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Legal Opinion

In Re Commitment of Arends

Court of Appeals of Wisconsin

Decided November 19, 2008No. 2008AP52PublishedCited by 4 opinions

1Opinion of the CourtSnyder, J.

¶ 1. Daniel Arends appeals from an order denying his petition for discharge from his Wis. Stat. ch. 980 (2005-06) 1 commitment. He contends that the circuit court erred when it denied his petition without an evidentiary hearing. We agree and reverse the order, remanding the matter for a Wis. Stat. § 980.09(2) evidentiary hearing.

BACKGROUND

¶ 2. The relevant facts are brief and undisputed. On January 21, 2005, Arends was committed as a sexually violent person under Wis. Stat. ch. 980. On August 10, Arends filed a default petition for discharge; in other words, he declined to waive his right to…

2Cases cited13 opinions

  1. Foucha v. LouisianaSupreme Court of the United States · 1992
  2. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  3. State v. PostWisconsin Supreme Court · 1995
  4. State v. CarpenterWisconsin Supreme Court · 1995
  5. State v. RachelWisconsin Supreme Court · 2002

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

3Cited by4 opinions

  1. In Re Commitment of ArendsWisconsin Supreme Court · 2010
  2. State v. AllisonCourt of Appeals of Wisconsin · 2010
  3. State v. ErmersCourt of Appeals of Wisconsin · 2011
  4. In Re Commitment of ArendsWisconsin Supreme Court · 2010

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