Legal Opinion

State v. Paulick

Court of Appeals of Wisconsin

Decided September 24, 1997No. 96-3410PublishedCited by 17 opinions

1Opinion of the CourtAnderson, J.

Rayfe J. Paulick appeals from an order finding him to still be a sexually violent person and denying the default petition for a hearing on discharge from commitment. The issue involves the required procedures for the probable cause hearing under § 980.09(2)(a), Stats. We conclude that ch. 980, Stats., provides for annual review and allows the committed person to petition for release, with the trial court acting as the gatekeeper weeding out frivolous petitions by committed persons who allege that they are no longer dangerous and are fit for release. We do not interpret § 980.09(2)(a) as…

2Cases cited5 opinions

  1. State v. PostWisconsin Supreme Court · 1995
  2. State v. KoopmansWisconsin Supreme Court · 1997
  3. Kwiatkowski v. Capitol Indemnity Corp.Court of Appeals of Wisconsin · 1990
  4. State v. BarnesCourt of Appeals of Wisconsin · 1985
  5. MCI Telecommunications Corp. v. StateWisconsin Supreme Court · 1997

3Cited by17 opinions

  1. In Re Detention of PetersenWashington Supreme Court · 1999
  2. People v. BotruffIllinois Supreme Court · 2004
  3. People v. CheekCalifornia Supreme Court · 2001
  4. State v. MaloneyWisconsin Supreme Court · 2005
  5. In re Detention of StanbridgeIllinois Supreme Court · 2012

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