State v. Shawn Schulpius
Annotate this Case
Download PDF
2001 WI 69 SUPREME COURT OF WISCONSIN Case No.: 00-0095 Complete Title of Case: In re the Commitment of Shawn Schulpius: State of Wisconsin, Petitioner-Appellant, v. Shawn Schulpius, Respondent-Respondent. ON BYPASS FROM THE COURT OF APPEALS Opinion Filed: Submitted on Briefs: Oral Argument: June 22, 2001 December 1, 2000 Source of APPEAL COURT: COUNTY: JUDGE: Circuit Milwaukee John A. Franke JUSTICES: Concurred: Dissented: Not Participating: PROSSER, J., did not participate. ATTORNEYS: For the petitioner-appellant the cause was argued by Warren D. Weinstein, assistant attorney general, with whom on the briefs was James E. Doyle, attorney general. For the respondent-respondent there were briefs and oral argument by Ellen Henak, assistant state public defender. 2001 WI 69 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 00-0095 STATE OF WISCONSIN : IN SUPREME COURT In re the Commitment of Shawn Schulpius: State of Wisconsin, FILED Petitioner-Appellant, JUN 22, 2001 v. Cornelia G. Clark Clerk of Supreme Court Madison, WI Shawn Schulpius, Respondent-Respondent. ¶1 PER CURIAM. This case is before the court on a petition to bypass the court of appeals pursuant to Wis. Stat. § 809.60. whether The immediate question before the court, however, is to accept the notice of voluntary dismissal of this challenged his appeal filed by the petitioner, State of Wisconsin. ¶2 The respondent, Shawn Schulpius, Chapter 980 commitment on several constitutional grounds when the Department of Health and Family Services could not find appropriate placement following the August 18, 1997, order that the respondent be placed on supervised release issued by the Circuit Court for Milwaukee County, John Franke, Circuit Court Judge. No. ¶3 00-0095 On October 27, 1999, the circuit court held that as applied to Schulpius, Wis. Stat. Ch. 980 presented an unconstitutional violation of the double jeopardy, substantive due process, and ex post facto clauses of the United States and Wisconsin constitutions. The circuit court entered an order releasing Schulpius from the Wisconsin Resource Center. ¶4 The State petitioned the court of appeals for permission to appeal a nonfinal order and the court of appeals granted the petition, State (order of March 14, 2000). v. Schulpius, Case No. 00-0095 After briefing, Schulpius petitioned this court to bypass the court of appeals. ¶5 order On November 29, 2000, the circuit court entered an in which reconsideration, it granted determined the that State's Schulpius motion was no for longer suitable for supervised release, and ordered him committed to the Wisconsin Resource Center. the commitment to The order further stated that institutional care was "still subject, however, to the decision and order requiring release entered in this case on October 27, 1999." voluntary dismissal in this The State filed a notice of court on November 30, 2000, and Schulpius responded with a motion for order rejecting notice of voluntary dismissal. ¶6 On December 1, 2000, this court heard oral argument on whether to accept the State's notice of voluntary dismissal and on the following three issues: (1) whether the trial court had the authority to issue the November 29, 2000 order; (2) whether the order rendered the case moot; and (3) the possible effect of 2 No. 00-0095 the United States Supreme Court's decision in Seling v. Young, No. 99-1185. a December After oral argument, the court received a copy of 1, 2000 letter of the circuit explaining its November 29, 2000 order. court further Subsequently, we issued an order holding in abeyance the consideration of the State's notice of voluntary dismissal and the oral arguments on the merits of this appeal pending the United States Supreme Court's decision in Seling v. Young. ¶7 Seling The United States Supreme Court issued its decision in v. 531 Young, Schulpius then U.S. requested 250 an (2001) on opportunity January for 17, 2001. supplemental briefing addressing the effect of the circuit court's December 1, 2000 letter on the issue of whether the circuit court intended the October 27, 1999 order to take precedence over the November 29, 2000 order and the effect of the Seling v. Young decision. This court ordered the requested supplemental briefing. ¶8 Having considered the supplemental briefs filed by the parties, the court is equally divided on whether to accept the State's notice of voluntary dismissal. Justice N. accept the Patrick Crooks, voluntary Justice Jon P. Wilcox, and Justice dismissal; Chief Diane S. Justice Sykes would Shirley S. Abrahamson, Justice William A. Bablitch, and Justice Ann Walsh Bradley would deny the voluntary dismissal and schedule further argument on the issues of this appeal. did not participate. Justice David T. Prosser Because the court is evenly divided, both 3 No. 00-0095 the motion for order rejecting the notice and the notice for voluntary dismissal are denied. ¶9 Furthermore, given the division of this court, it will promote the efficient resolution of this appeal to remand this case to the court of appeals. We thus vacate our decision to grant bypass and remand the cause to the court of appeals for determination of further proceedings. See Guzman v. St. Francis Hosp., Inc., 2000 WI 34, ¶2, 234 Wis. 2d 170, 609 N.W.2d 166. By the Court. The order granting bypass is vacated and the cause is remanded to the court of appeals. 4 No. 1 00-0095
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
