Price County DHHS v. Sondra F., 2013AP2790, District 3, 5/28/14 (1-judge; ineligible for publication); case activity A respondent in a ch. 51 mental commitment proceeding does not have either a statutory or a due process right to be physically present at the final hearing under § 51.20. To the extent § 885.60(2)(a) provides a right… Read more
6. Procedures/hearings/evidence
Manitowoc County v. Samuel J.H., 2013 WI 68, on certification from court of appeals; majority opinion by Justice Ziegler; case activity Transfer of a person committed under ch. 51 to a more restrictive setting within an inpatient placement, or from outpatient to inpatient placement, is subject to § 51.35(1). The statute recognizes two different bases for transfer… Read more
Polk County DHS v. Boe H., 2012AP2612, District 3, 5/7/13; court of appeals decision (1-judge, ineligible for publication); case activity While the circuit court lacked authority to specify that a person committed to outpatient treatment remain in a group home as a condition of the commitment order (¶14), the county department had the authority to… Read more
Review of unpublished court of appeals decision; case activity Issues (composed by On Point) 1. Whether there was sufficient proof that Mary F.-R. evidenced a “substantial probability of physical harm” to herself or others and was therefore dangerous under Wis. Stat. § 51.20(1)(a)(2). 2. Whether Wis. Stat. § 51.20(11) is an unconstitutional violation of equal… Read more
Milwaukee County v. Mary F.-R., 2012AP958, District 1, 10/2/12; court of appeals (1-judge, ineligible for publication), petition for review granted 2/11/13; case activity Ch. 51 Commitment – Sufficiency of Evidence Evidence held sufficient to uphold commitment, on issue of “dangerousness,” State v. Poellinger, 153 Wis. 2d 493, 507, 451 N.W.2d 752, (1990), applied: ¶12 Here, the County had to prove… Read more
Oneida County v. Michael B., 2010AP002216-FT, District 3, 2/8/11 court of appeals decision (1-judge, not for publication); for Michael B.: Lora B. Cerone. SPD, Madison Appellate; case activity Mental Recommitment – Instruction on Dangerousness The following oral jury instruction didn’t impermissibly direct the jury to find dangerousness, on trial for mental recommitment: “This is a recommitment proceeding… Read more
court of appeals decision (1-judge, not for publication); for Asley: Donald T. Lang, SPD, Madison Appellate Mental Commitment Trial court order of inpatient treatment supported by evidence: ¶18 Dr. Berney testified that as of the date of his examination, Ashley required inpatient treatment, but there was a substantial probability she would be ready for outpatient treatment… Read more
