holding that the Wisconsin Supreme Court did not unreasonably apply clearly established federal law in determining that Public Law 280 conferred civil jurisdiction to the State of Wisconsin to commit Burgess, an enrolled member of an Indian tribe, as a sexually violent person
How later courts described this case
- holding that the Wisconsin Supreme Court did not unreasonably apply clearly established federal law in determining that Public Law 280 conferred civil jurisdiction to the State of Wisconsin to commit Burgess, an enrolled member of an Indian tribe, as a sexually violent person
- considering the application of Public Law 280 to a Wisconsin statute providing for the civil commitment of sexually violent persons and noting that “Cabazon is more helpful for distinguishing between civil and criminal cases for purposes of Public Law 280 than it is for drawing the line between civil cases that the state may entertain and those it may not”
- reviewing under the AEPDA standard of review an Indian’s claims that the state court lacked jurisdiction under Public Law 280 to conduct involuntary civil commitment proceedings
Written by the judges who cited it.
The opinion
*688 RIPPLE, Circuit Judge,
concurring in the judgment.
In my view, the Supreme Court of Wisconsin reached a reasonable result when it determined that, for purposes of section 2 of Public Law 280, 67 Stat. 588 (1953), the commitment procedure under the Wisconsin Sexually Violent Persons Commitment Statutes, Wis. Stat. § 980 et seq. (chapter 980), is criminal in nature.