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IN RE COMMITMENT OF RACHEL

No. 2009AP1132.

782 N.W.2d 443 (2010)

2010 WI App 60

In re the COMMITMENT OF Tory L. RACHEL: State of Wisconsin, Petitioner-Respondent, v. Tory L. Rachel, Respondent-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed March 24, 2010.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of Donald T. Lang, assistant state public defender of Madison.

On behalf of the petitioner-respondent, the cause was submitted on the brief of Donald V. Latorraca, assistant attorney general, and J.B. Van Hollen, attorney general.

Before BROWN, C.J., ANDERSON and SNYDER, JJ.

¶ 1 SNYDER, J.

Tory L. Rachel appeals from an order denying his petition for supervised release from his WIS. STAT. ch. 980 (2007-08)1 commitment. He contends that the circuit court applied the wrong legal standard and misplaced the burden of proof on him rather than on the State when denying his petition. The circuit court held that Rachel must prove by clear and convincing evidence that the criteria for granting supervised release...

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