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IN RE COMMITMENT OF ALLISON

No. 2009AP1232.

789 N.W.2d 120 (2010)

2010 WI App 103

In re the COMMITMENT OF Walter ALLISON, Jr. State of Wisconsin, Petitioner-Appellant, v. Walter Allison, Jr., Respondent-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed July 27, 2010.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of J.B. Van Hollen , attorney general, and Warren D. Weinstein , assistant attorney general, with oral argument by Warren D. Weinstein.

On behalf of the respondent-respondent, the cause was submitted on the brief of Ellen Henak , assistant state public defender, of Milwaukee, with oral argument by Ellen Henak.

Before CURLEY, P.J., FINE and KESSLER, JJ.

CURLEY, P.J.

¶ 1 The State appeals the trial court's grant of summary judgment to Walter Allison, Jr., which resulted in his discharge from his commitment as a sexually violent person. The State argues that summary judgment is not permitted in WIS. STAT. ch. 980 discharge proceedings. We agree and reverse.

I. BACKGROUND.

¶ 2 On July 9, 1975, Allison was convicted of one count of rape, in violation of WIS. STAT. § 944.01(1) (1973-74...

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