![]() Certification was denied 2006 WI 23 (WI Feb. 1 All references to the Wisconsin Statutes are to the 2003-04 version unless otherwise noted. Shortly before Combs was to be released in April 2000, the State petitioned the court to commit him as a sexually violent person under WIS. Commitment Trial ♢ In 1992, Combs was convicted of having sexual intercourse by use of force or violence as a repeat offender in violation of WIS. See § 980.09(2).2 Accordingly, the circuit court properly denied Combs discharge petition without an evidentiary hearing, and we affirm. We therefore conclude the report was not sufficient to establish probable cause that Combs no longer was a sexually violent person. The opinion did not depend upon any fact or professional knowledge or research that was not considered by the experts testifying at the commitment trial. We agree with the circuit court that the opinion did not establish probable cause because it was based on historical facts, actuarial instruments, and theories of interpreting those instruments that were considered by the experts testifying at the commitment trial. ![]() § 980.09(2)(a)1 and determined that the re-examination report opining that Combs was not a sexually violent person did not show probable cause to believe that he was no longer a sexually violent person. The circuit court held a probable cause hearing pursuant to No. 980, appeals an order denying his petition for discharge. Combs, previously committed as a sexually violent person under WIS. Before Lundsten, P.J., Vergeront, Higginbotham, JJ. APPEAL from an order of the circuit court for Columbia County: DANIEL GEORGE, Judge. COMBS: STATE OF WISCONSIN, PETITIONER-RESPONDENT, V. 2000CV120 STATE OF WISCONSIN IN COURT OF APPEALS Appeal No. ![]() A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. If published, the official version will appear in the bound volume of the Official Reports. ![]() Clark Clerk of Court of Appeals NOTICE This opinion is subject to further editing. 2006 WI App 137 COURT OF APPEALS DECISION DATED AND FILED JCornelia G. On behalf of the petitioner-respondent, the cause was submitted on the brief of Warren D. Appellant ATTORNEYS: Respondent ATTORNEYS: On behalf of the respondent-appellant, the cause was submitted on the briefs of Steven D. Opinion Filed: Submitted on Briefs: Oral Argument: JOctoJUDGES: Concurred: Dissented: Lundsten, P.J., Vergeront and Higginbotham, JJ. Complete Title of Case: IN RE THE COMMITMENT OF CHRISTOPHER L. ![]() COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: 2006 WI APP 137 2005AP859 Petition for Review filed. ![]()
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