Waukesha v. L.J.E., 2022AP292, 10/5/22, District 2, (1-judge opinion, ineligible for publication); case activity “Evans” was diagnosed with bipolar disorder with psychotic features, a condition considered permanent but manageable with medication. When the County sought to commit her under the 5th standard, she argued that it failed to prove that she did not satisfy one… Read more
3. Civil Commitments
Sheboygan County HSD v. P.W.S., 2022AP426, District 2, 9/28/22 (one-judge decision; ineligible for publication); case activity In this fact-intensive decision (¶¶2-17), the court of appeals rejects P.W.S.’s challenge to the sufficiency of the evidence that there was a substantial probability he was dangerous under § 51.20(1)(a)2.c. ¶22 The court found that P.W.S. was… Read more
Winnebago County v. P.D.G., 2022AP606-FT, 9/7/22, District 2, (1-judge opinion; ineligible for publication); case activity Winnebago County dumped 550 pages of discovery on counsel 2 hours and 15 minutes before “Paul’s” recommitment hearing, so he requested a adjournment. “Denied!” said the circuit court because §51.20(10)(e) allows only 1 adjournment, which had already been used. If… Read more
Outagamie County v. R.G.K., 2019AP2134, 9/20/22, District 3 (1-judge opinion, ineligible for publication); case activity After the county petitioned to recommit “Rick” only his counsel appeared at the final hearing. The court found good cause to extend the recommitment in order to schedule a new final hearing. Unfortunately, Rick did not appear at the rescheduled… Read more
Trempealeau County v. C.B.O., 2021AP1955 & 2022AP102, 8/30/22, District 3, (1-judge opinion, ineligible for publication); case activity This is a double defense win! You might even call it a quadruple defense win! The court of appeals consolidated “Chris’s” appeals from his initial commitment order and his recommitment order. It reversed his initial commitment order because… Read more
Walworth County v. M.R.M., 2022AP140-FT, certification granted 9/14/22, reversed, 2023 WI 59; case activity Issues (from the COA certification): 1. Does the Wisconsin Supreme Court’s decision in Waukesha County v. E.J.W., 2021 WI 85, ¶38, 399 Wis. 2d 471, 966 N.W.2d 590, apply retroactively or only prospectively? 2. In a ch. 51 case involving a petition to extend… Read more
Winnebago County v. D.E.S., 2022AP251, 8/31/22, District 2, (1-judge opinion, ineligible for publication); case activity Langlade County v. D.J.W. requires a circuit to make specific factual findings with reference to the dangerousness standard that its recommitment order is based upon. The circuit court failed to follow D.J.W. but the court of appeals affirmed because the… Read more
Wood County v. J.L.S., 2022AP299, 8/25/22, District 4 (1-judge opinion, ineligible for publication); case activity The circuit court entered orders for initial commitment order and involuntary medication order. Later (not sure how much later), the County persuaded the circuit court to dismiss these orders. On appeal, J.L.S. argued, among other things, that the appeal of… Read more
