State v. HagerAnnotate this Case
At issue was the proper interpretation of Wis. Stat. 980.09(2), as amended by 2013 Wis. Act 84, which establishes the discharge procedure for a person civilly committed as a sexually violent person pursuant to Wis. Stat. ch. 980.
David Hager, Jr. and Howard Carter both filed petitions for discharge from commitment as sexually violent persons. Both petitions were denied. The court of appeals reversed in Hager but affirmed in Carter. The Supreme Court reversed the decision of the court of appeals as to Hager and affirmed as to Carter, holding (1) under Wis. Stat. 980.09(2), circuit courts are to carefully examine, but not weigh, those portions of the record they deem helpful to their consideration of a petition for discharge, which may include facts both favorable and unfavorable to the petitioner; (2) section 980.09(2) does not violate the constitutional right to due process of law as guaranteed by the United States and Wisconsin Constitutions; and (3) Carter’s counsel was not ineffective for failing to challenge retroactive application of Act 84 to Carter.