Trempealeau County DSS v. T.M.M., 2021AP100 & Trempealeau County DSS v. T.M.M., 2021AP139, District 3, 11/12/21 (one-judge opinions; both ineligible for publication); case activity: 2021AP100 & 2021AP139 The court of appeals agrees with T.M.M. (“Tiffany”) that the evidence presented at her recommitment hearing was insufficient to prove she was dangerous under one of the standards… Read more
e. Dangerousness
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
Sheboygan County v. M.W., 2021AP6, petition for review of an unpublished court of appeals decision granted 9/14/21; case activity Issue Presented (composed by On Point) What is the proper remedy when, in a ch. 51 recommitment proceeding, the circuit court fails to make specific factual findings with reference to the statutory basis for its determination… Read more
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
Waukesha County v. E.A.B., Jr., 2021AP986-FT, District 2, 9/8/21 (one-judge decision; ineligible for publication); case activity E.A.B. was first committed in 2008. At what would appear to be the 12th extension hearing, in 2020, it was extended again. E.A.B.’s challenges to the sufficiency of the evidence for that extension, and for the associated medication order… 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Rusk County v. A.A., 2019AP839 & 2020AP1580, District 3, 7/20/21 (not recommended for publication); case activity (2019AP839; 2020AP1580) A.A. appeals two recommitment orders, raising multiple constitutional issues as to both and challenging the sufficiency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
