State v. Mark Staskal

COURT OF APPEALS
DECISION NOTICE
DATED AND FILED This opinion is subject to further editing. If
published, the official version will appear in
the bound volume of the Official Reports.
July 18, 2024
A party may file with the Supreme Court a
Samuel A. Christensen petition to review an adverse decision by the
Clerk of Court of Appeals Court of Appeals. See WIS. STAT. § 808.10
and RULE 809.62.

Appeal No. 2023AP1167 Cir. Ct. No. 1984CF298

STATE OF WISCONSIN IN COURT OF APPEALS
DISTRICT IV

STATE OF WISCONSIN,

PLAINTIFF-RESPONDENT,

V.

MARK STASKAL,

DEFENDANT-APPELLANT.

APPEAL from an order of the circuit court for Rock County:
JEFFREY S. KUGLITSCH, Judge. Affirmed.

Before Graham, Nashold, and Taylor, JJ.

Per curiam opinions 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).

¶1 PER CURIAM. Mark Staskal appeals an order denying his petition
for conditional release from a commitment ordered after being found not guilty by
No. 2023AP1167

reason of mental disease or defect. The issue is whether the State proved that
Staskal is dangerous. We conclude that it did, and therefore we affirm.

¶2 In 1984, Staskal pled guilty to one count of first-degree murder, was
found not guilty by reason of mental disease or defect, and was committed to the
Department of Health and Social Services under WIS. STAT. § 971.17 (1983-84).
The circuit court denied his current petition for conditional release in 2022, after
an evidentiary hearing.

¶3 The circuit court must grant a petition for conditional release unless
it finds by clear and convincing evidence that the person would pose a significant
risk of bodily harm to himself or others, or of serious property damage, if
conditionally released. WIS. STAT. § 971.17(4)(d) (2021-22).1 The parties agree
that on appeal we apply a highly deferential standard of review that is comparable
to the sufficiency of the evidence test used for jury verdicts. We affirm the
decision if there is any credible evidence on which the circuit court could have
found dangerousness, viewing the evidence in the light most favorable to the
decision. State v. Randall, 2011 WI App 102, ¶¶12-14, 336 Wis. 2d 399, 802
N.W.2d 194.

¶4 Staskal argues that the evidence was insufficient to prove
dangerousness. In making that argument, he largely limits his discussion to
whether the State proved that he was dangerous to himself, by describing this as
the “chief concern” of the State’s expert and the circuit court. However, the
opinion of the expert and the findings of the court were not limited to that risk.

1
All further references to the Wisconsin Statutes are to the 2021-22 version unless
otherwise noted.

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¶5 Instead, the expert’s report stated that Staskal “does appear to pose a
significant risk of bodily harm to himself or to others, or of serious property
damage.” In testimony, the expert stated that Staskal presents “either a risk of
harm to himself or to others[,] or I think the statutory language also includes the
likelihood of engaging in serious property damage. I don’t know that that’s part of
Mr. Staskal’s history. Certainly he has engaged in serious harm to others.” In
both the report and testimony, the expert relied in part on a scoring instrument for
violent offense recidivism that placed Staskal in a category “associated with a
group of individuals who were found to manifest a 20% rate of violent criminal
reoffending over 5 years of follow-up.” The expert testified that it was “most
likely he would probably present harm to himself,” but when asked if there was
less of a concern of harm to others or property, the expert again noted that there is
a history of harm to others. We understand this testimony to say that the expert
believed there is a higher risk of harm to self, but the risk of harm to others is also
present.

¶6 In finding dangerousness, the court noted the expert report’s
conclusion that Staskal has limited insight into his chronic health issues, is not
likely to be competent to refuse medications, and has a diagnosis of
schizoaffective disorder. The court noted the “very heinous” nature of Staskal’s
homicide offense, which is a permitted factor. WIS. STAT. § 971.17(4)(d) (a court
may consider the nature and circumstances of the crime).

¶7 For these reasons, we conclude that the evidence of Staskal’s
dangerousness was sufficient, and therefore the circuit court properly denied his
motion for conditional release.

By the Court.—Order affirmed.

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No. 2023AP1167

This opinion will not be published. See WIS.
STAT. RULE 809.23(1)(b)5.

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