State v. Joseph J. Spaeth

¶ 1. This case is before the court on certification by the court of appeals pursuant to Wis. Stat. § 809.61 (2011-2012).

¶ 2. The question before us is whether a petition filed under Wis. Stat. ch. 980 ("Chapter 980") can be invalidated when the conviction recited in the petition is later reversed. In order to seek commitment of a sexually violent person under Chapter 980, the State must file a petition that meets the requirements of Wis. Stat. § 980.02 (2009-10).1 One such requirement is that the State allege the individual has committed a sexually violent offense, which we refer to as a…