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Justia Daily Opinion Summaries

Wisconsin Supreme Court
December 22, 2020

Table of Contents

State v. Stephenson

Criminal Law

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Odysseus, Avocados, and Election Litigation Timing

MICHAEL C. DORF

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Cornell law professor Michael C. Dorf explains the legal concepts of ripeness and laches, which pertain to the timing of filing a lawsuit, and argues that in the context of election lawsuits, it is far better for courts to relax ripeness rules and risk unnecessary adjudications than to discard the doctrine of laches and risk widespread disenfranchisement and the undermining of confidence in fair elections.

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Wisconsin Supreme Court Opinions

State v. Stephenson

Docket: 2018AP002104

Opinion Date: December 18, 2020

Judge: Ann Walsh Bradley

Areas of Law: Criminal Law

The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's denial of Defendant's Wis. Stat. Chapter 980 petition for discharge from his commitment as a sexually violent person, holding that the court of appeals did not err. Specifically, the Supreme Court held (1) the State is not required to present expert testimony to prove the required dangerousness element in Wis. Stat. 980.01(7); (2) the holding in In re Commitment of Curiel, 597 N.W.2d 697 (Wis. 1999), that the appropriate standard of review to use in Chapter 980 cases is the sufficiency of the evidence test set forth is reaffirmed; and (3) the evidence in the record satisfied the sufficiency of the evidence standard.

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