Ozaukee County D.H.S. v. M.A.G., 2023AP681, 11/29/23, District II (one-judge decision; ineligible for publication); case activity M.A.G. challenged the extension of her Chapter 51 commitment and the order finding her incompetent to refuse medication. The court of appeals affirms both orders after concluding that the county presented sufficient evidence of dangerousness under the the third… Read more
f. 51.20(1)(a)2. Dangerousness
Sauk County D.H.S. v. R.K.M., 2023AP912, 10/12/23, District 4 (one-judge decision; ineligible for publication); case activity R.K.M. raised a variety of arguments seeking to challenge the often cited “decompensation” theory for extending a chapter 51 commitment where the subject has (1) made substantial progress while under commitment, (2) engaged in no recent dangerous behavior, and… 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
Defense win! County failed to prove patient received a reasonable explanation of proposed medication
Marinette County v. A.M.N., 2022AP1395, District III, 8/29/23, 1-judge decision ineligible for publication; case activity (briefs not available) Faced with a weak record, COA holds that A.M.N. cleared imposing hurdles to relief and reverses the lower court’s medication order as there was no proof he received a reasonable explanation of the proposed medication. However, despite a… 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
Winnebago County v. J.L.C., 2023AP200, District II, 8/23/23, 1-judge decision ineligible for publication; case activity (briefs not available) Although most litigators believed that arguments about mootness in 51 appeals were now settled, COA resurrects the mootness doctrine to deny relief in this appeal of an expired order. J.L.C. appeals an initial commitment order and accompanying… 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
