State v. Laxton

• Decision Date: 01 July 2002
• Docket Number: No. 99-3164.,99-3164.
• Citation: 254 Wis.2d 185,647 N.W.2d 784,2002 WI 82
• Parties: IN RE the COMMITMENT OF John Lee LAXTON: STATE of Wisconsin, Petitioner-Respondent, v. John Lee LAXTON, Respondent-Appellant-Petitioner.
• Court: Wisconsin Supreme Court

254 Wis.2d 185

2002 WI 82

647 N.W.2d 784

IN RE the COMMITMENT OF John Lee LAXTON:

STATE of Wisconsin, Petitioner-Respondent, v. John Lee LAXTON, Respondent-Appellant-Petitioner.

No. 99-3164.

Supreme Court of Wisconsin.

Oral argument May 30, 2002.

Decided July 1, 2002.

For the respondent-appellant-petitioner there were briefs and oral argument by Margaret A. Maroney, assistant state public defender.

For the petitioner-respondent the cause was argued by Eileen W. Pray, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

¶ 1. N. PATRICK CROOKS, J

This case involves a constitutional challenge to Wis. Stat. ch. 980 (1997-98)¹, the sexually violent person commitment law. Petitioner John Lee Laxton, who was involuntarily committed to institutional care under ch. 980, argues that the statute is unconstitutional because it violates substantive due process guarantees in the United States and Wisconsin Constitutions. Specifically, Laxton argues that ch. 980 is unconstitutional because, in determining that an individual is sexually violent and subject to civil commitment, the provisions of the chapter do not require a jury to determine that the person has a mental disorder that involves serious difficulty in controlling his or her behavior. While he no longer argues for a separate finding on the control issue, Laxton claims that the requisite link or nexus is missing.²

¶ 2. We conclude that Wis. Stat. ch. 980 is constitutional. Based on recent precedent addressing due process challenges to ch. 980, and particularly the United States Supreme Court's guidance in Kansas v. Crane, 534 U.S. 407, 122 S. Ct. 867 (2002), which addressed a similar due process issue, we conclude that such a civil commitment does not require a separate finding that the individual's mental disorder involves serious difficulty for such person to control his or her behavior. The requisite proof of lack of control is established when the nexus between such person's mental disorder and dangerousness has been established. Specifically, we conclude that evidence showing that the person's mental disorder predisposes such individual to engage in acts of sexual violence, and evidence establishing a substantial probability that such person will again commit such acts, necessarily and implicitly includes proof that such person's mental disorder involves serious difficulty in controlling his or her behavior. Such evidence distinguishes such a person from the dangerous but typical recidivist. We further conclude that the jury instructions at Laxton's trial were proper and did not deprive him of due process of law, and we reject his argument requesting a new trial on the basis that the real controversy was not fully and fairly tried.

I

¶ 3. The relevant facts are not in dispute. In 1987, John Lee Laxton was convicted of three counts of second-degree sexual assault and two counts of child abduction³ in Milwaukee County Circuit Court.⁴ He was sentenced to eleven years in prison, where he remained until he was paroled in May of 1994. Five months later, in October of 1994, Laxton was arrested for window peeping at two young girls. As a result, Laxton's parole was revoked and he was convicted of disorderly conduct.

¶ 4. On September 11, 1998, shortly before Laxton would be released from prison, the State filed a petition seeking to commit Laxton as a sexually violent person under Wis. Stat. ch. 980. A jury trial was held in Milwaukee County Circuit Court on July 19 through 22, 1999. During trial, several experts testified to diagnosing Laxton with pedophilia, voyeurism, and/or paraphilia, not otherwise specified.⁵ When giving the jury instructions, the circuit court judge, the Honorable Mel Flanagan, presiding, explained that in order to find that Laxton is a sexually violent person, the State must prove three facts beyond a reasonable doubt: (1) "[Laxton] has been convicted of a sexually violent offense;" (2) "[Laxton] has a mental disorder;" and (3) "[Laxton] is dangerous to others because he has a mental disorder which creates a substantial probability that he will engage in acts of sexual violence." With regard to the last fact, the circuit court judge also instructed, "A substantial probability means much more likely than not." The court further instructed the jury on the meaning of acts of sexual violence: "Acts of sexual violence means acts which would constitute sexually violent offenses. Acts of window peeping or exposure of the penis, absent any other behavior toward another person, do not alone constitute sexually violent offenses under chapter 980." Laxton's counsel did not object to the circuit court's final jury instructions. The jury found that Laxton was a sexually violent person.

¶ 5. After the verdict, Laxton filed a postconviction motion, arguing in part that the jury was improperly instructed on the meaning of sexually violent offenses. The circuit court denied Laxton's postconviction motion, entered judgment on the jury's verdict, and Laxton was then committed to the Wisconsin Resource Center pursuant to Wis. Stat. § 980.06(2)⁶. ¶ 6. Laxton appealed from the judgment and order of commitment, arguing that the jury instruction was inappropriate and that in the interest of justice he should receive a new trial. The Court of Appeals, District I, summarily affirmed the circuit court's decision. The court concluded that Laxton failed to preserve his objection to the jury instruction at trial, and that no grounds exist for a discretionary reversal.

¶ 7. Laxton now seeks review in this court. In addition to reviewing the court of appeals' decision, however, we instructed the parties "to address whether [Laxton's] due process rights were violated because there was no jury determination regarding his level of volitional control." State v. Laxton, No. 99-3164 (order dated January 29, 2002).

II

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¶ 8. We first address Laxton's constitutional challenge to Wis. Stat. ch. 980. The constitutionality of a statute is a question of law that this court addresses independently, while benefiting from the analyses of the circuit court and court of appeals. State v. Post, 197 Wis. 2d 279, 301, 541 N.W.2d 115 (1995). We presume all legislative enactments are constitutional, and resolve doubts in favor of the constitutionality of the statute at issue. State v. Randall, 192 Wis. 2d 800, 824, 532 N.W.2d 94 (1995). The challenger bears the burden of proving the statute unconstitutional beyond a reasonable doubt. Id.

¶ 9. In order to commit an individual under Wis. Stat. ch. 980, a jury must find that the individual is a sexually violent person.

"Sexually violent person" means a person who has been convicted of a sexually violent offense, has been adjudicated delinquent for a sexually violent offense, or has been found not guilty of or not responsible for a sexually violent offense by reason of insanity or mental disease, defect or illness, and who is dangerous because he or she suffers from a mental disorder that makes it substantially probable that the person will engage in acts of sexual violence.

Wis. Stat. § 980.01(7). Further, ch. 980 defines "mental disorder" as "a congenital or acquired condition affecting the emotional or volitional capacity that predisposes a person to engage in acts of sexual violence." § 980.01(2).

¶ 10. Laxton asserts that Wis. Stat. ch. 980 violates substantive due process guarantees in the United States Constitution, Amendment V and XIV, and the Wisconsin Constitution, Article I, § 8.⁷ This case does not present the first due process challenge to ch. 980 or a similar sexually violent person commitment law. Since both parties rely heavily on a handful of Wisconsin cases that have previously addressed constitutional challenges to ch. 980, and United States Supreme Court cases addressing the constitutionality of a similar statute in Kansas, we first use those cases to provide the context within which this substantive due process challenge will be reviewed.⁸

¶ 11. This court first addressed substantive due process challenges to Wis. Stat. ch. 980 in State v. Post, 197 Wis. 2d 279, 541 N.W.2d 115 (1995).⁹ We looked at several characteristics of ch. 980 and concluded that the statute was constitutional. Id. at 303. First, we concluded that the definition and use of the term "mental disorder" is sufficiently tailored to satisfy the mental condition component required by substantive due process. Id. The key to constitutionality is that the definition of mental disorder requires a nexus: "[P]ersons will not fall within chapter 980's reach unless they are diagnosed with a disorder that has the specific effect of predisposing them to engage in acts of sexual violence." Id. at 306. Second, we concluded that treatment is a bona fide objective and goal of ch. 980. Id. at 311. Third, we concluded that the statute's definition of dangerousness—that a mental disorder makes it substantially probable that the person will engage in acts of sexual violence—is constitutionally sound. Id. at 313. Finally, we concluded that the nature and duration of commitment is consistent with the legislature's purposes of protecting the community and providing treatment for persons suffering from mental disorders that predispose them to commit sexually violent acts. Id.

¶ 12. After Post, Wis. Stat. ch. 980 was amended, see 1999 Wis. Act 9, §§ 3216d-3239d, and in an opinion of today's date, we again uphold the constitutionality of ch. 980 in the face of due process challenges to the revised statute. State v. Rachel, 2002 WI 81, ¶ 70, 254 Wis. 2d 215, 647 N.W.2d 762.¹⁰ The amendments largely focused on limiting a ch. 980 respondent's ability to seek supervised release as an alternative to institutional commitment. Id. at ¶ 7. We conclude in Rachel that ch. 980, as amended, continues to serve the legitimate and compelling state interests of providing treatment to the dangerously mentally ill and protecting the...