United States Seventh Circuit

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McGee v. Bartow, 07-3278

In defendant's action for habeas relief claiming that his civil commitment as a sexually violent person (SVP) deprives him of his right to due process of law, denial of the writ but issuance of certificate of appealability is affirmed as the diagnoses of two mental health professionals which were constitutionally adequate under existing Supreme Court precedent, and the evidence upon which the diagnoses were based, afforded the Wisconsin committing court an adequate basis, under the Due Process Clause, to order defendant's commitment.

Appellate Information

  • Argued 12/05/2008
  • Decided 01/27/2010
  • Published 01/27/2010

Judges

  • RIPPLE, Circuit Judge., Before RIPPLE, KANNE and TINDER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Jerold S. Solovy, Attorney, Jenner & Block, Chicago, IL, for Petitioner-Appellant.

  • For Appellees:
  • J.B. Van Hollen, Attorney, Warren D. Weinstein, Attorney, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee.