State v. Jendusa, 2021 WI 24 (Wis. 2021)
Nature of Case: Appellee was the respondent in a SVP proceeding. At the probable cause hearing, the state’s expert disclosed the existence of a database of recidivism rates that was being compiled and maintained by the Wisconsin Department of Corrections. The trial court found that there was probable cause to detain the Appellee for trial.
Subsequently, the Appellee filed a discovery motion seeking the disclosure of this database under state statutory discovery law as well as constitutional principles relating to exculaptory evidence. The trial court granted the motion, and the state sought to appeal the interlocutory order which the Wisconsin Court of Appeals did not review. The state then sought review from the Supreme Court.
Holding: The Wisconsin Supreme Court affirmed the decision of the trial court, finding that the database was discoverable under state law.