Opinion
No. 2013AP2483.
2014-08-26
In re the Commitment OF Christopher J. Sseeley: STATE of Wisconsin, Petitioner–Respondent, v. Christopher J. SEELEY, Respondent–Appellant.
Appeal from orders of the circuit court for Eau Claire County: William M. Gabler, Sr., Judge. Affirmed.
Before HOOVER, P.J., STARK, J., and THOMAS CANE, Reserve Judge. ¶ 1 PER CURIAM.
Christopher Seeley appeals an order denying his petition for discharge and continuing his Wis. Stat. ch. 980 commitment. Seeley also appeals both the order denying his postcommitment motion for a new trial and the order denying his motion for reconsideration. Seeley argues the circuit court erred by ordering a jury trial under Wis. Stat. § 980.095(1) when no jury trial request was made by the parties. We reject Seeley's argument and affirm the orders.
All references to the Wisconsin Statutes are to the 2011–12 version unless otherwise noted.
¶ 5 Unlike Quinn, Seeley's challenge would not have been cumulative, as there had been no objection to the court's decision to impanel a jury. The court was therefore deprived of a “fair opportunity to address the objection.” See State v. Huebner, 2000 WI 59, ¶ 12, 235 Wis.2d 486, 611 N.W.2d 727. We conclude Seeley forfeited his jury trial challenge by failing to raise his objection in the circuit court. Because Seeley has not preserved his argument for appeal, we affirm the orders.
Orders affirmed.
This opinion will not be published. See Wis. Stat. RuleE 809.23(1)(b)5.