Sheboygan County v. M.J.M., 2020AP1744, 6/9/21, District 2 (1-judge opinion, ineligible for publication); case activity This is new. M.J.M. appealed a recommitment order which expired during the course of his appeal. The usual kerfuffle regarding mootness ensued but this time (unlike here and here) the court of appeals acknowledged that the issue of whether recommitment… Read more
A. Ch. 51, Mental health
Eau claire County v. J.M.P., 2020AP2014, 5/25/21, District 3 (1-judge opinion, ineligible for publication); case activity Last term, SCOW ordered circuit courts deciding recommitment cases to make specific factual findings referencing the standard of dangerousness that supported a person’s recommitment. See Langlade County v. D.J.W., 2020 WI 41, ¶3, 391 Wis. 2d 231, 942 N.W.2d… Read more
Milwaukee County v. T.L.T, 2020AP426, District 1, 5/18/21 (1-judge opinion, ineligible for publication); case activity Two court-appointed examiners failed to file their reports on whether T.L.T. should be recommitted 48 hours before her final hearing. Trial counsel moved to dismiss arguing that the violation of §51.20(10)(b)’s 48-hour rule deprived the circuit court of competency to… Read more
Sheboygan County v. M.W., 2021AP6, 5/12/21, District 2 (one-judge decision; ineligible for publication), petition for review granted, 9/14/21, reversed, 2022 WI 40; case activity For more than a year now, Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277, has required circuit courts imposing ch. 51 commitments to identify which… Read more
Last fall, SCOW granted review on the question of whether a doctor’s failure to file an examiner’s report 48 hours before a commitment hearing deprived the circuit court of competence to adjudicate the case. See our post on Fond du Lac County v. S.N.W., Appeal No. 2019AP2073. This is a recurring problem, so Chapter 51… Read more
Rock County v. J.J.K., 2020AP1085, 4/29/21, District 4, (1-judge opinion, ineligible for publication), case activity This is an appeal from the initial commitment and involuntary medication order entered against J.J.K. The court of appeals affirmed both contrary to published precedent on the rule against hearsay, the plain error doctrine, and procedural and substantive due process… Read more
Rock County v. J.J.K., 2020AP2105, District IV, 5/6/21 (1-judge opinion, ineligible for publication); case activity This is the sequel to the Rock County v. J.J.K.. 2020AP1085 above. The decision is alarming because the circuit court found J.J.K. dangerous enough for a recommitment based on the 5th standard, but the court of appeals affirmed based on… Read more
State v. Davonta J. Dillard, 2020AP999, 4/13/21, District 1, (one-judge decision; ineligible for publication); case activity (including briefs) Officers patrolling in Milwaukee noticed a vehicle idling and apparently unoccupied. One approached the vehicle and shined his flashlight through a window; he saw a person (Dillard) in the back seat who immediately ducked out of view… Read more
