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STATE v. POCAN

No. 02-3342.

267 Wis.2d 953 (2003)

2003 WI App 233

671 N.W.2d 860

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

Court of Appeals of Wisconsin.

Decided October 21, 2003.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of Margaret A. Maroney, assistant state public defender, Madison.

On behalf of the petitioner-respondent, the cause was submitted on the brief of Peggy A. Lautenschlager, attorney general, and Warren D. Weinstein, assistant attorney general.

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

¶ 1. PETERSON, J.

Henry Pocan appeals an order denying his petition for discharge from a WIS. STAT. ch. 980 commitment.1 He argues the court erroneously denied him a probable cause hearing. We agree, reverse the order and remand for a probable cause hearing.

BACKGROUND

¶ 2. Pocan previously was found to be a sexually violent person under WIS. STAT. § 980.06. He was committed to the custody of the Department...

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