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STATE EX REL. FARRELL v. STOVALL

59 Wis.2d 148 (1973)

207 N.W.2d 809

STATE EX REL. FARRELL, Petitioner, v. STOVALL, Chairman of the Board of Public Welfare and another, Respondents. [Two Cases.]

Supreme Court of Wisconsin.

Decided June 8, 1973.

Attorney(s) appearing for the Case

For the petitioner there were briefs and oral argument by Howard B. Eisenberg, state public defender.

For the respondents the cause was argued by Mary V. Bowman, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

WILKIE, J.

On this remand, two issues are raised by this petition for habeas corpus and declaratory judgment action.

1. Do the equal protection requirements of the state and federal constitutions invalidate the sex deviate commitment proceedings under ch. 975, Stats., insofar as they fail to provide a jury trial, if requested, at either the initial commitment or subsequent commitment proceedings?

2. Are any of the distinctions between mentally ill...

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