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3. Civil Commitments

Kelly R. Rose v. C.R.R., 2024AP1450, 7/2/25, District II (recommended for publication); case activity In an interesting statutory construction appeal, COA holds that “a guardian’s determination that denying contact with a family member is in the ward’s best interest is not cause for court action against a guardian.” The subject of this Chapter 54 guardianship… Read more

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State v. T.R.T., 2025AP387-CR, 6/19/25, District IV (not recommended for publication); case activity Although it acknowledges uncertainty as to the appropriate standard of review, COA ultimately affirms the circuit court’s order under a clearly erroneous standard. After concerns were raised about T.R.T.’s competency, the circuit court ordered an examination and scheduled a hearing to address… Read more

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Waukesha County v. J.A.K., 2024AP2535, 6/25/25, District II (ineligible for publication); case activity In yet another Chapter 51 appeal, COA rejects the usual arguments and affirms. Evidence of Dangerousness Following recommitment, “Janice” argues the evidence was insufficient to establish she was dangerous. Although COA’s lengthy statement of facts contains many concerning details about Janice’s historical… Read more

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State v. T.A.W., 2025AP437-CR, 6/3/25, District I (not recommended for publication); case activity Although the charges against T.A.W. — resisting an officer causing soft tissue injury and retail theft — are not “serious crimes” under Wis. Stat. § 969.08, which specifies procedures for pretrial release, the COA found that the State met its burden to… Read more

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Outagamie County v. M.J.B., 2024AP250, 5/20/25, District III (recommended for publication); case activity In a case clarifying a legal question that has persisted for years in 51 litigation, COA holds that when the examiners do not satisfy the statutorily-imposed deadline for filing their reports in connection with a final hearing in an original commitment proceeding… Read more

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Fond du Lac County v. D.P.E., 2025AP66-FT, 4/30/25, District II (1-judge decision, ineligible for publication); case activity COA affirms the circuit court’s orders recommitting D.P.E. (referred to as “Donald”) and authorizing the involuntarily administration of medication. Donald argued on appeal that the county did not present sufficient evidence to establish dangerousness and failed to meet… Read more

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Winnebago County v. J.D.M., 2024AP1601, 4/16/25, District II (1-judge decision, ineligible for publication); case activity COA affirms the circuit court’s orders recommitting J.D.M. (referred to as “Josh”) for twelve months and authorizing involuntarily administering medication. A jury found Josh mentally ill, a proper subject for treatment, and dangerous to himself or others. Josh argues on… Read more

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Winnebago County v. J.M., 2024AP1554, 4/2/25, District II (1-judge decision, ineligible for publication); case activity COA affirmed the circuit court’s order recommitting J.M. (referred to as “James Moore”) for twelve months and authorizing involuntarily administering medication.  The Court found that Moore suffers from schizoaffective disorder, which caused him to drink an excessive amount of water… Read more

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