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IN RE THE COMMITMENT OF SPAETH

No. 2012AP2170.

850 N.W.2d 93 (2014)

2014 WI 71

In re THE COMMITMENT OF Joseph J. SPAETH. State of Wisconsin, Petitioner-Appellant, v. Joseph J. Spaeth, Respondent-Respondent.

Supreme Court of Wisconsin.

Decided July 16, 2014.

Attorney(s) appearing for the Case

For the petitioner-appellant, the cause was argued by Warren D. Weinstein , assistant attorney general, with whom on the briefs was J.B. Van Hollen , attorney general.

For the respondent-respondent, there was a brief by Shelley M. Fite , assistant state public defender, and oral argument by Shelley M. Fite.

ON CERTIFICATION FROM THE COURT OF APPEALS

MICHAEL J. GABLEMAN, J.

¶ 1 This case is before the court on certification by the court of appeals pursuant to Wis.Stat. § 809.61 (2011-2012).

¶ 2 The question before us is whether a petition filed under Wis.Stat. ch. 980 ("Chapter 980") can be invalidated when the conviction recited in the petition is later reversed. In order to seek commitment of a sexually violent person under Chapter 980...

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