State v. Richard’s Empirical Analysis
2011
Citation profile
6 state decisions
Relationships
Relies on In Re Commitment of Arends · 2006 WI App 137 - In Re Commitment of Combs · 2003 WI App 233 - State v. Pocan · 2009 WI App 113 - Xerox Corp. v. Wisconsin Department of Revenue · 2007 WI App 219 - In Re Commitment of Smalley
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Richard has a long history of committing sexual assault. In 1977 he was convicted of fourth-degree sexual assault after he snuck into a woman's bedroom and attempted to rape her. Six years later he was convicted of false imprisonment of a ten-year-old girl. Richard stipulated that the victim did not report that she was also sexually assaulted by Richard because Richard threatened to kill her father if she reported the assault. In 1986, after Richard had escaped from prison, he abducted and sexually assaulted a nine-year-old girl. Richard was subsequently convicted of first-degree sexual assault and sentenced to two thirty-year prison terms. As Richard's mandatory prison release date approached, the State filed a Wis. Stat. ch. 980 petition to have Richard committed as a sexually violent person. In a ch. 980 proceeding, the State must prove beyond a reasonable doubt that the offender is a sexually violent person. Wis. Stat. § 980.05 (3). " 'Sexually violent person' means a person who has been convicted of a sexually violent offense ... and who is dangerous because he or she suffers from a mental disorder that makes it likely that the person will engage in one or more acts of sexual violence." Wis. Stat. § 980.01 (7). "Likely" means "more likely than not," which means that the offender is more than 50% likely to commit another sexually violent offense. State v. Smalley, 2007 WI App 219, ¶¶ 3, 10 , 305 Wis. 2d 709 , 741 N.W.2d 286 . At Richard's Wis. Stat. ch. 980 trial, two psy”
2 later decisions quote this exact passage“subsample were reconvicted of sexual offenses at a rate of 37.9% after five years and 48.6% at ten years. 4 Pierquet concluded that Richard was more likely than not to commit another, sexually violent offense should he be discharged. ¶ 5. Richard filed a second discharge petition after receiving Pierquet's report. Doctor James Peterson was appointed by the court to conduct an evaluation. Peterson reported that, subsequent to Richard's commitment, the Static-99 had been revised when it was discovered that recidivism decreased with age. In addition, because recidivism rates had declined,”
1 later decision quote this exact passagee.g. State v. Richard“by the circuit court. Id., ¶¶ 11, 13-14. Richard's petition did not allege any new historical facts, and the report recommending changes to the Static-99 scoring model was”
1 later decision quote this exact passagee.g. State v. Richard
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.