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
2. Recommitment
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
Waupaca County v. J.D.C., 2023AP961, 9/14/23, District IV (one-judge decision; ineligible for publication); case activity In another big defense win, COA clarifies the two requirements imposed on circuit courts by Langlade County v. D.J.W. and provides a roadmap for future challenges. Let’s start with the law first. As COA accurately recites, in D.J.W., SCOW clarified that… 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
Waupaca County v. G.T.H., 2022AP2146, District IV, 8/24/23, 1-judge decision ineligible for publication; case activity (briefs not available) Contrary to what has seemed like a steady stream of unsuccessful hearsay-based Chapter 51 appeals, see e.g., here, here, here, here, and here, G.T.H. succussfully convinces the court of appeals to reverse his recommitment, which was based on… Read more
Winnebago County v. D.E.W., 2023AP215, District II, 7/26/23, 1-judge decision ineligible for publication; petition for review granted 12/12/23; dismissed as improvidently granted 5/14/24 case activity (briefs not available) In yet another appeal of a medication order, COA concludes the County sufficiently cleared legal hurdles meant to protect citizens from the involuntary administration of psychotropic drugs. “Darren” appeals… Read more
