Milwaukee County v. D.C.B., 2021AP581, 10/12/21, Distract 1 (1-judge opinion, ineligible for publication); case activity Before a circuit court enters an order to recommit a person under Chapter 51, it is supposed to make specific factual findings with reference to the applicable standard of dangerousness in Wis. Stat. §51.20(1)(a)2. Langlade County v. D.J.W., 2020 WI… Read more
Defense wins!
Outagamie County v. J.J.H., 2021AP244, District 3, 9/14/21 (one-judge decision; ineligible for publication); case activity Though J.J.H.’s primary challenge to the extension of his ch. 51 commitment is about the insufficiency of the evidence to prove dangerousness, the court of appeals (aided by the County’s concession) holds that the circuit court failed to make specific… Read more
Defense win: circuit court failed to make sufficient findings regarding dangerousness in ch. 51 case
Outagamie County v. L.C.E., 2021AP324, District 3, 9/8/21 (one-judge decision; ineligible for publication); case activity Once again, a circuit court fails to make the findings necessary to support the extension of a commitment under § 51.20, resulting in the reversal of the extension order. In Langlade County v. D.J.W., 2020 WI 41, ¶40, 391 Wis… Read more
Rusk County v. A.A., 2019AP839 & 2020AP1580, District 3, 7/20/21 (not recommended for publication); case activity (2019AP839; 2020AP1580) A.A. appeals two recommitment orders, raising multiple constitutional issues as to both and challenging the sufficiency of the evidence of dangerousness as to one of the cases and the admission of hearsay evidence regarding the other. The… Read more
Outagamie County v. X.Z.B., 2020AP2058, 6/22/2121, District 3, (1 judge opinion, ineligible for publication); case activity This case involves the recommitment of a protectively placed person based on §51.20(1)(a)2.c., the 3rd standard of dangerousness. The court of appeals reversed the circuit courts’ recommitment order for insufficient evidence. And, for the second time in one week… Read more
Rock County Department of Human Services v. J.E.B., 2020AP1954-FT, 4/7/21, District 4 (1-judge opinion, ineligible for publication); case activity Good news/bad news. It’s terrific that the court of appeals is going to enforce the new requirement that circuit courts ground their recommitment orders on factual findings tied to a specific standard of dangerousness in §51.20(1)(a)2.a-e. … Read more
Jackson County v. W.G., 2020AP961, District 4, 11/5/20 (one-judge decision; ineligible for publication); case activity The evidence presented at a ch. 51 extension hearing is found wanting because it doesn’t establish dangerousness as required by Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277. ¶16 The County has the… Read more
Portage County v. E.R.R., 2020AP870-FT, District 4, 10/1/20 (one-judge decision; ineligible for publication); case activity As the supreme court recently emphasized, at a proceeding to extend a ch. 51 commitment, proving dangerousness under § 51.20(1)(am) requires evidence establishing that the person is likely to be dangerous under one of the specific standards in § 51.20(1)(a)2… Read more
