Latest Case: State v. Jendusa (Criminal Law)

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State v. Jendusa

Docket: 2018AP002357-LV

Opinion Date: March 10, 2021

Judge: Dallet

Areas of Law: Criminal Law, Government & Administrative Law

The Supreme Court affirmed the order of the court of appeals denying the State's petition for leave to file an interlocutory appeal of an order of the circuit court granting Defendant's discovery request, holding that the circuit court did not err in granting the request. In 2016, the State filed a petition seeking to commit Defendant was a sexually violent person. The circuit court found probable cause to believe that Defendant was a sexually violent person and bound him over for trial. Thereafter, Defendant moved the circuit court to order the Wisconsin Department of Corrections (DOC) to disclose its database so he could have an expert analyze the Wisconsin-specific base rate. Defendant asserted that the DOC's Wisconsin-specific data provided a more relevant basis upon which to calculate his risk of engaging in future acts of sexual violence and that the database was discoverable. The circuit court ordered the DOC to transmit the full, unredacted database to Defendant. The court of appeals denied the State's petition for leave to appeal the non-final order. The Supreme Court affirmed, holding that the circuit court permissibly ordered the disclosure of the DOC database.