Opinion

State v. Carpenter

  • 197 Wis. 2d 252
  • 541 N.W.2d 105
  • 1995 Wisc. LEXIS 122
Court
Wisconsin Supreme Court
Filed
Dec 8, 1995
Status
Published
Author
Abrahamson
On the bench
Ann Walsh Bradley
Cited by
110 cases
Authority
More cited than 6.2%

holding, under Wisconsin’s sexually violent person statute, that the state need not produce evidence of a recent overt act to prove the probability of future acts of sexual violence if the committed person was incarcerated at the time the state filed the commitment petition, even though the defendant had been on parole for nine months before his reincarceration in July 1994

How later courts described this case

  • holding, under Wisconsin’s sexually violent person statute, that the state need not produce evidence of a recent overt act to prove the probability of future acts of sexual violence if the committed person was incarcerated at the time the state filed the commitment petition, even though the defendant had been on parole for nine months before his reincarceration in July 1994
  • finding that Wisconsin statute establishing a civil commitment procedure primarily intended to protect the public and provide concentrated treatment to convicted sexually violent persons does not violate either the Ex Post Facto or Double Jeopardy Clauses of the Wisconsin or United States Constitutions
  • concluding that Chapter 980 is “primarily intended to protect the public and to provide concentrated treatment to convicted sexually violent persons, not to punish the sexual offender”
  • holding that ch. 980 is not a punitive statute and violates neither the ex post facto nor double jeopardy clauses of the Wisconsin and United States constitutions

Written by the judges who cited it.

The opinion

SHIRLEY S. ABRAHAMSON, J.

(dissenting). I dissent for the reasons set forth in State v. Post, 197 Wis. 2d 279 , 541 N.W.2d 115 (1995), of even date.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.