State v. Jones

by
In finding Appellant to be a sexually violent person under Wis. Stat. 980.02(1)(a) the circuit court did not erroneously exercise its discretion when it admitted expert testimony based on the results of the Minnesota Sex Offender Screening Tool-Revised (MnSOST-R) and the Rapid Risk Assessment for Sexual Offense Recidivism (RRASOR) tests, which are instruments designed to measure an offender’s risk of reoffending. The State filed a petition to commit Appellant as a sexually violent person. Prior to the commitment trial, Appellant filed motion in liming to exclude the expert testimony, arguing that the testimony as to the results produced by the MnSOST-R and the RRASOR was not admissible under Wis. Stat. 907.02 because it was not based on sufficient facts or data, was not the product of reliable principles and methods, and was not reliably applied to the facts of the case. The circuit court denied the motion. The court of appeals affirmed. The Supreme Court affirmed, holding that the circuit court evaluated the relevant facts under the proper standard and articulated a reasonable basis for its decision and thus did not erroneously exercise its discretion. View "State v. Jones" on Justia Law