A. Ch. 51, Mental health

Racine County v. C.D.B., 2024AP1195, 2/5/25, District II (1-judge decision, ineligible for publication); case activity In “Banks’s” most recent appeal, he once again challenges the sufficiency of the evidence pertaining to his extension and medication orders. Like his last appeal, however, those arguments go nowhere. Less than a year ago, we posted on “Banks’s” challenge… Read more

Sheboygan County v. N.A.L., 2024AP1195, 2/5/25, District II (1-judge decision, ineligible for publication); case activity In yet another appeal asking COA to clarify the procedure for accepting a stipulation to a mental commitment, COA refuses N.A.L.’s invitation to issue a precedential opinion and affirms based largely on a prior unpublished decision. “Nathan” appeals orders for… Read more

Trempealeau County v. C.B.O., 2024AP1520-FT, 2/4/25, District III (one-judge decision; ineligible for publication); case activity COA affirms, holding that the evidence of a verbal threat to kill someone, and “Carl’s” actions during a subsequent police chase, were both sufficient to establish dangerousness under Wis. Stat. § 51.20(1)(a)2.b. Carl was emergently detained after police responded to… Read more

Waupaca County v. A.L.H., 2024AP1526, 1/30/25, District IV (1-judge decision, ineligible for publication); case activity While many litigators may have believed the issue of a remedy for a D.J.W. violation had been clarified by SCOW, COA holds that recent precedent does not preclude a circuit court from making the required findings during postconviction proceedings. This is an… Read more

Price County v. C.N.S., 2024AP853, District III, 1/22/25 (one-judge decision; ineligible for publication); case activity Appellant CNS wins a battle but loses the war as the COA affirms the circuit court’s order extending her commitment under Ch. 51, but reverses order authorizing involuntary medication.  The Court clarified that a circuit court meets D.J.W.’s requirement to… Read more

Outagamie County v. M.J.B., 2024AP250, 2/11/25, 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

Dane County v. M.A.A., 2024AP1589, 12/27/24, District IV (one-judge decision; ineligible for publication); case activity The Court of Appeals affirmed the circuit court’s order authorizing involuntarily administering medication to M.A.A. in light of evidence that M.A.A. denies he has a mental illness. M.A.A. was committed under Chapter 51 due to a history of schizophrenia spectrum… Read more