Legal Opinion · Concurrence

Caldwell v. Percy

Court of Appeals of Wisconsin

Decided October 23, 1981No. 80-1593Published

1ConcurrenceGartzke, P.J.

I agree with the majority that persons committed under ch. 975, Stats., may be transferred to a correctional institution.

The additional consequence of the majority opinion is that all persons committed under ch. 975, Stats., whether or not they are treatable or have rejected treatment or should never have been committed, must somehow be treated after their transfer to a correctional institution. I do not accept that construction of sec. 975.08.

It is possible that a person committed under ch. 975, Stats., will prove to be untreatable or to have reached the point where further treatment is not…

2Cases cited5 opinions

  1. Falkner v. Northern States Power Co.Wisconsin Supreme Court · 1977
  2. Volunteers of America of Madison, Inc. v. Industrial CommissionWisconsin Supreme Court · 1966
  3. State v. MacHnerWisconsin Supreme Court · 1981
  4. Buchanan v. StateWisconsin Supreme Court · 1969
  5. Burbey v. BurkeDistrict Court, E.D. Wisconsin · 1969

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