Waukesha County v. M.D.S., Jr., 2024AP1315, District II, 11/6/24 (one-judge decision; ineligible for publication); case activity COA rejects “Smith’s” challenges raising commonly-litigated appellate issues and affirms in this chapter 51 case, concluding that the circuit court applied the correct legal standard and the county met its burden to show that Smith was dangerous under sub… Read more
b. Harm to others
St. Croix County v. B.T.C., 2023AP2085, 6/11/24, District III (one-judge decision; ineligible for publication); case activity In the second decision this week reversing a circuit court’s commitment order under Chapter 51, the COA concludes that respondent telling a police officer that he would “bring the chief to justice” not sufficient to establish the respondent is… Read more
Defense Win! Insufficient evidence of dangerousness under first or second standards of dangerousness
Marinette County v. C.R.J., 2023AP1695-FT, 4/16/24, District III (one-judge decision; ineligible for publication); case activity C.R.J. (“Caleb”) challenged his commitment on two fronts: (1) the circuit court’s failure to comply with Langlade County v. D.J.W.’s “specific factual findings” mandate and (2) the county failed to introduce sufficient evidence of dangerousness under either standard. After critiquing the circuit… Read more
Winnebago County v. C.H., 2023AP505, 8/30/23, District 2 (one-judge decision; ineligible for publication); case activity In this Ch. 51 appeal, COA swats aside familiar 51 arguments, expresses its frustration with a “flood” of Ch. 51 appeals and, with approving citation to a dissent from SCOW, hints that we may not have heard the last of… Read more
Kenosha County v. L.A.T., 2022AP1730, District II, 8/23/23, 1-judge decision ineligible for publication; case activity (briefs not available) L.A.T. (“Linda”) convinced the court of appeals the circuit court erred by admitting and relying on hearsay testimony from a psychiatrist to support its dangerousness finding. However, the court holds that sufficient non-hearsay evidence established that “Linda’s… Read more
Racine County v. P.J.L, 2023AP254, District 2, 7/19/23, 1-judge decision ineligible for publication; case activity (briefs not available) In Outagamie County v. L.X.D.-O., 2023 WI App 17, ¶36, 407 Wis. 2d 518, 991 N.W.2d 518 (PFR denied), the court of appeals rejected a sufficiency challenge to an involuntary medication order and held that an examiner’s report… Read more
Winnebago County v. T.G., 2022AP2078, District 2, 6/14/23 (one-judge decision; ineligible for publication); case activity At the final hearing on a petition to commit T.G. (“Thomas”) under § 51.20, the County presented evidence he threw urine and feces at a guard on one occasion and later made a threat that he’d act in a way… Read more
Dane County v. D.F.B., 2022AP1852, District 4, 05/11/2023 (1-judge opinion, ineligible for publication); case activity A jury found D.F.B. dangerous under the second standard, which required evidence of a “substantial probability of physical harm to other individuals as manifested … by evidence that others are placed in reasonable fear of violent behavior and serious physical… Read more
