State v. Timothy G. Talady

2025AP361-NMWisctapp

Texte intégral

OFFICE OF THE CLERK
WISCONSIN COURT OF APPEALS
110 EAST MAIN STREET, SUITE 215
P.O. BOX 1688
MADISON, WISCONSIN 53701-1688
Telephone (608) 266-1880
TTY: (800) 947-3529
Facsimile (608) 267-0640
Web Site: www.wicourts.gov
DISTRICT IV
July 30, 2026
To:
Hon. Troy L. Nielsen
Circuit Court Judge
Electronic Notice
Yvette Kienert
Clerk of Circuit Court
Waupaca County Courthouse
Electronic Notice
John Blimling
Electronic Notice
Tristan Breedlove
Electronic Notice
Catherine Malchow
Electronic Notice
Timothy G. Talady
Sand Ridge Secure Treatment Center
P.O. Box 800
Mauston, WI 53948
You are hereby notified that the Court has entered the following opinion and order:
2025AP361-NM In re the commitment of Timothy G. Talady: State of Wisconsin v.
Timothy G. Talady (L.C. # 2015CI1)
Before Graham, P.J., Blanchard, and Nashold, JJ.
Summary disposition orders may not be cited in any court of this state as precedent or
authority, except for the limited purposes specified in WIS. STAT. RULE 809.23(3).
Counsel for Timothy G. Talady has filed a no-merit report concluding that there is no
arguable basis for challenging an order denying Talady’s petition for supervised release from his
commitment as a sexually violent person pursuant to WIS. STAT. ch. 980 (2023-24).1 Talady was
informed of his right to file a response to the no-merit report and has not responded. After
independently reviewing the record as mandated by WIS. STAT. RULE 809.32, we conclude there
1 All references to the Wisconsin Statutes are to the 2023-24 version.
No. 2025AP361-NM
2
is no arguable merit to any issue that could be raised on appeal. Therefore, we summarily affirm
the order. See WIS. STAT. RULE 809.21.
Talady was initially committed in 2017. He filed numerous petitions for discharge and
supervised release in the years that followed, none of which were granted. This appeal concerns
the petition for supervised relief Talady filed in 2023. The circuit court determined that Talady
was entitled to a hearing on his petition, which was held on May 10, 2024.
Talady presented testimony from Dr. Scott Woodley, a psychologist who conducted an
independent examination of Talady and testified that Talady met the criteria for supervised
release under WIS. STAT. § 980.08(4). The State presented evidence from two other
psychologists, Dr. Darren Matusen and Dr. Krystine Jackson, who testified that Talady did not
meet the criteria for supervised release. The circuit court found that Talady did not meet his
burden of proving, by clear and convincing evidence, that he meets the criteria outlined in
§ 980.08(4)(cg). Specifically, the court found that Talady did not prove that he was making
significant progress in treatment and that his progress could be sustained while on supervised
release. See § 980.08(4)(cg)1. Accordingly the court denied Talady’s petition.
The no-merit report addresses whether Talady received a fair trial free of errors in the
proceedings that would entitle him to a new hearing and whether the circuit court erred in finding
the evidence insufficient to grant supervised release. After independently reviewing the record,
we agree with counsel’s description, analysis, and conclusion that none of these issues have
arguable merit. The no-merit report sets forth an adequate discussion of the potential issues to
support the no-merit conclusion, and we need not address them further.
Our review of the record discloses no other potential issue for appeal. Therefore,
No. 2025AP361-NM
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IT IS ORDERED that the order is summarily affirmed. See WIS. STAT. RULE 809.21.
IT IS FURTHER ORDERED that attorneys Catherine R. Malchow and Tristan S.
Breedlove are relieved of their obligation to further represent Talady in this matter. See WIS.
STAT. RULE 809.32(3).
IT IS FURTHER ORDERED that this summary disposition order will not be published.
Samuel A. Christensen
Clerk of Court of Appeals

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