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IN RE COMMITMENT OF RICHARD

No. 2012AP2748.

844 N.W.2d 370 (2014)

2014 WI App 28

In re the COMMITMENT OF Herbert O. RICHARD. State of Wisconsin, Petitioner-Respondent, v. Herbert O. Richard, Respondent-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed February 19, 2014.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of Steven D. Grunder , assistant state public defender, Madison.

On behalf of the petitioner-respondent, the cause was submitted on the brief of J.B. Van Hollen , attorney general, and Christine A. Remington , assistant attorney general.

Before HOOVER, P.J., MANGERSON and STARK, JJ.

MANGERSON, J.

¶ 1 This case requires us to determine under what circumstances a petitioner committed under WIS. STAT. ch. 9801 is entitled to a discharge hearing based on amendments to an actuarial instrument2 used at trial that, in an evaluating expert's opinion, reduce the petitioner's risk to reoffend below the legal threshold of "more likely than not." We conclude that when a petitioner alleges that...

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