State Ex Rel. Farrell v. Stovall

On this remand, two issues are raised by this petition for habeas corpus and declaratory judgment action.

1. Do the equal protection requirements of the state and federal constitutions invalidate the sex deviate commitment proceedings under ch. 975, Stats., insofar as they fail to provide a jury trial, if requested, at either the initial commitment or subsequent commitment proceedings?

2. Are any of the distinctions between mentally ill persons under ch. 51 and sex deviates under ch. 975, Stats., constitutionally permissible?

1. The right to a jury trial.

It is petitioner’s essential contention…