Brown County v. Quinn M., 2010AP3162, District 3, 4/26/11 court of appeals decision (1-judge, not for publication); for Quinn M.: Chandra N. Harvey, SPD, Madison Appellate; case activity Evidence held sufficient to support extension of ch. 51 commitment upheld. 1. Mental illness. Expert testified that she was certain Quinn had a mental illness, though given… Read more
1. Original commitment
Barron County v. Dennis H., 2010AP1026, District 3, 10/19/10 court of appeals decision (1-judge, not for publication); for Dennis H.: Jefren E. Olsen, SPD, Madison Appellate Evidence held sufficient to support finding of dangerousness. 1) Recent overt act, attempt or threat to do serious physical harm. A psychologist testified that Dennis at times displayed aggressive behavior (“he… Read more
Milwaukee County v. Earl Z., 2010AP704, District 1, 9/23/10 court of appeals decision (1-judge, not for publication); for Earl Z.: Jeremy Perri, SPD, Milwaukee Appellate County appeal of dismissal of emergency detention at probable cause stage is moot, where facts supporting that requested detention are no longer operative. Exceptions to mootness — appellate court may reach merits if the… Read more
Manitowoc Co. HSD v. Tammy L.C., No. 2010AP118, District II, 7/14/10 court of appeals decision (1-judge, not for publication); for Tammy L.C.: Matthew S. Pinix Mootness – Discharge from Civil Commitment Appeal of commitment order is dismissed as moot where appellant has been discharged and no extension sought. Mootness raises a question of policy, not jurisdiction… Read more
Dane County v. Stevenson L.J., 2009 WI App 84 For Stevenson L.J.: Ruth N. Westmont Issue/Holding: Where Stevenson L.J. was detained on an “emergency statement” in one county (Brown), then transferred to another (Dane) before a probable cause hearing, a new emergency statement in Dane County did not establish a new 72-hour time limit for a… Read more
State v. Dennis H., 2002 WI 104, on certification For Dennis H.: Ellen Henak, SPD Milwaukee Appellate Issue: Whether the “fifth standard” for mental commitment, § 51.20(1)(a)2.e. (roughly: refusing treatment due to incapacity for making rational treatment decision), is constitutional. Holding: The statute isn’t vague — the state must prove the various “elements” of this standard (which the… Read more
Dodge County v. Ryan E.M., 2002 WI App 71 For Ryan E.M.: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether the 72-hour deadline, necessary for the court’s competency over the ch. 51 commitment proceeding, is measured from the subject’s time of detention. (“¶4. The issue in this case is whether the method of computing time set… Read more
County of Milwaukee v. Edward S., 2001 WI App 169, PFR filed For Edward S.: Richard D. Martin, SPD, Madison Appellate Issue: Whether the 14-day deadline set by § 51.20(7)(c) for final hearing is extendible when delay is caused by the respondent’s own action. Holding: The otherwise mandatory deadline for final commitment hearing is waivable when the… Read more