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STATE v. VIRLEE

No. 02-0046.

259 Wis.2d 718 (2002)

2003 WI App 4

657 N.W.2d 106

IN RE the COMMITMENT OF Shawn VIRLEE: STATE of Wisconsin, Petitioner-Respondent, v. Shawn VIRLEE, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided December 10, 2002.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of Jack E. Schairer, assistant state public defender of Madison.

On behalf of the petitioner-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Diane M. Welsh, assistant attorney general.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. CANE, C.J.

Shawn Virlee appeals his commitment as a sexually violent person under WIS. STAT. ch. 9801 and an order denying his motion for post-trial relief. Virlee argues (1) ch. 980 violates due process because it allows commitment without a separate finding of serious difficulty in controlling behavior; (2) the jury instructions misled the jury and violated his due process rights; (3) recent changes to ch. 980 violate equal...

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