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
A. Ch. 51, Mental health
court of appeals certification, supreme court review granted 11/14/12; case activity § 51.35(1)(e) Patient Transfer, Time Limits Issue certified: Whether our holding in Fond du Lac County v. Elizabeth M.P., 2003 WI App 232, ¶¶26, 28, 267 Wis. 2d 739, 672 N.W.2d 88, that “Wisconsin Stat. § 51.35(1)(e) mandates that a patient transferred to a more restrictive environment receive a hearing… Read more
Green County v. Janeen J. C., 2011AP2603, District 4, 5/31/12 court of appeals decision (1-judge, not publishable); for Janeen J.C.: Katie R. York, SPD, Madison Appellate; case activity The trial court, before entering an involuntary medication order, failed to make requisite findings that Janeen J.C. wasn’t competent to make an informed choice, Virgil D. v. Rock County, 189… Read more
Outagamie County v. Melanie L., 2012AP99, District 3, 5/22/12, WSC review granted 11/14/12 court of appeals decision (1-judge, not for publication), supreme court review granted 11/14/12; for Melanie M.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity Evidence held sufficient to sustain involuntary medication order. ¶11 We reject Melanie’s argument that the expert needs to iterate… Read more
Fond du Lac County v. Helen E. F., 2012 WI 50, affirming 2011 WI App 72; for Helen E.F.: Donald T. Lang, SPD, Madison Appellate; case activity Someone suffering from Alzheimer’s Disease is not a fit subject for commitment under ch. 51 but, instead, guardianship proceedings under ch. 55. ¶13 Wis. Stat. ch. 55 provides Helen with the best means… Read more
Trempealeau County v. Charles O., 2011AP2794, District 3, 5/1/12 court of appeals decision (1-judge, not for publication); for Charles O.: William E. Schmaal, SPD, Madison Appellate; case activity The court rejects Charles O.’s argument that the evidence fell short of the “fifth-standard” showing of dangerousness, § 51.20(1)(a)2.e., State v. Dennis H., 2002 WI 104, ¶14, 255 Wis… Read more
In the matter of State of Wisconsin v. Bryan J. Stanley: La Crosse Tribune v. Circuit Court for La Crosse County, 2012 WI App 42 (recommended for publication); case activity Open Records / Public Access to Court Records – Treatment Records, Generally (Discussion with respect to newspaper’s Open Records request for information contained in NGI conditional release… Read more
Winnebago County v. Nathan W., 2011AP2099, District 2, 2/1/12 court of appeals decision (1-judge, not for publication); for Nathan W.: Martha K. Askins, SPD, Madison Appellate; case activity ¶3 Here, Dr. Zerrien’s testimony at the commitment hearing supported the circuit court’s commitment order. Dr. Zerrien was Nathan’s treating psychiatrist. Dr. Zerrien testified based on his treatment of Nathan and his… Read more
