Brown County v. R.J.M., 2024AP206, 5/7/24, District II (one-judge decision; ineligible for publication); case activity Despite the doctor’s imprecise and generic testimony, COA holds that admission of his report resolves any deficiencies in the record and affirms. This appeal of recommitment and involuntary medication orders presents three common issues, all of which are resolved with… Read more
e. Dangerousness
Racine County v. C.B., 2023AP2018-FT, 3/20/24, District II (one-judge decision; ineligible for publication); case activity In a factually-specific appeal of a recommitment order, COA rejects all of C.B.’s arguments and affirms. “Banks” has been under a Chapter 51 order since 2015, following an NGI verdict in a criminal case in which he apparently fled from… Read more
Waukesha County v. G.M.M., 2023AP1359, 3/13/24, District II (one-judge decision; ineligible for publication); case activity In an appeal presenting a straightforward D.J.W. claim, COA affirms while also giving credence to harmless error arguments. This is an appeal from G.M.M.’s second 51 extension order. (¶2). The circuit court granted the County’s petition after a contested hearing, finding that… Read more
Winnebago County v. T.S., 2023AP1267, 3/6/24, District II (one-judge decision; ineligible for publication); case activity In yet another 51 appeal attacking the sufficiency of the circuit court’s findings, COA rejects the County’s arguments and reverses. “Terry” was originally placed in DHS custody following an NGI verdict in his 2018 criminal case. (¶3). Shortly before his… Read more
Burnett County v. B.S., 2023AP1811-FT, 2/28/24, District III (one-judge decision; ineligible for publication); case activity Due in part to last-minute witness unavailability, the County’s attempt to rely solely on generic and conclusory testimony from an examining psychiatrist fails in yet another helpful, and citable, 51 win. This is an appeal from Brian’s fourth recommitment hearing… Read more
Winnebago County v. B.R.C., 2023AP1842, 2/14/24, District 2 (one-judge decision; ineligible for publication); case activity In quite the head-scratcher, the court of appeals rejects a D.J.W. “specific factual findings” claim while acknowledging that such claims “are multiplying and it is clear that all sides could benefit from clarity on the point.” (Emphasis added). The court then proceeds… Read more
Manitowoc County HSD v. B.M.T., 2022AP2079 & 2023AP904, 2/21/24, District 2 (one-judge decision; ineligible for publication); case activity In this consolidated appeal from successive orders extending B.M.T.’s civil commitment, the court of appeals rejects B.M.T.’s claim that the circuit court lacked competency to enter the 2022 order, but agrees that the circuit court failed to… Read more
Winnebago County v. J.D.J., 2023AP1085, 2/21/24, District II (one-judge decision; ineligible for publication); case activity In yet another opinion which stresses the need for County-petitioners to take more care at extension hearings, COA reverses for failure to make an adequate record below. As the COA decision makes clear–in a series of footnotes, asides, and out-and-out… Read more
