Winnebago County v. D.S., 2023AP1484, 1/24/24, District II (one-judge decision; ineligible for publication); case activity In a fact-dependent appeal, COA holds that the evidence was sufficient and the trial court’s findings adequate to uphold this 51 extension order. “Dennis” challenges an order finding that he is dangerous (or would become dangerous) under the fifth standard… Read more
e. Dangerousness
Winnebago County v. T.M.G., 2023AP681, 1/24/24, District II (one-judge decision; ineligible for publication); case activity Despite T.M.G.’s challenges, COA affirms this extension and related medication order applying what it believes to be well-settled precedent. “Thomas” challenges an order extending his commitment finding him dangerous under § 51.20(1)(a)2.b. (¶1). He argues that the County failed to… Read more
Winnebago County v. A.P.D., 2023AP863, 12/13/23, District II (one-judge decision; ineligible for publication); case activity In yet another defense win reliant on Langlade County v. D.J.W., COA holds that the circuit court failed to make adequate findings in this Chapter 51 appeal. “Andrew” challenges a recommitment order based on the fifth standard. (¶3). He argues that… Read more
Walworth County v. E.W., 2023AP289, 11/1/23, District II (one-judge decision; ineligible for publication); case activity Defying the recent trend of hearsay victories in Chapter 51 appeals, COA rejects E.W.’s attempt to argue that the admission of hearsay evidence at his final hearing constituted “plain error.” At “Edward’s” recommitment hearing, the County’s sole witness was Dr… Read more
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. D.E.S., 2023AP460, 9/20/23, District 2 (one-judge decision; ineligible for publication); case activity This is a nice case to know, both for its careful, thorough analysis of a common ch. 51 problem–commitments based entirely or extensively on hearsay–and its collection of other cases analyzing the same issue. The sole witness at D.E.S. (“Dennis”)’s… Read more
Washington County H.S.D. v. Z.A.Y., 2023AP447, 9/13/23, District II (one-judge decision; ineligible for publication); case activity In a big defense win, COA reverses a commitment and accompanying medication order due to the circuit court’s failure to make specific findings. “Zachary” appeals orders extending his Ch. 51 involuntary commitment and for involuntary medication. (¶1). He argues… Read more
Brown County v. Z.W.L., 2022AP2201, District 3, 9/12/23 (one-judge decision; ineligible for publication); case activity (briefs not available) In yet another hearsay-based sufficiency challenge to a Chapter 51 commitment, Z.W.L. (“Zeb”) succeeds because the circuit court relied on inadmissible hearsay and no other evidence established that Zeb was dangerous. Specifically, while Zeb made admissible “party-opponent” statements… Read more
