Milwaukee County v. D.C.B., 2018AP987, District 1, 5/14/19 (one-judge decision; ineligible for publication); case activity The court of appeals rejects D.C.B.’s constitutional and procedural challenges to the extension of his ch. 51 commitment. D.C.B. argues the ch. 51 extension statute is facially unconstitutional because it doesn’t require a finding of dangerousness. Because § 51.20(13)(g)3. requires… Read more
3. Civil Commitments
In our ongoing effort to improve On Point, we have begun to edit the index of posts on our Archive page so that it is more user-friendly and easier for readers to find the elusive “Defense wins!” on specific issues. Chapter 51 is our guinea pig. Before, the Chapter 51 index on our Archive lumped… Read more
Winnebago County v. C.S., 2019 WI App 16, petition for review granted, 8/19/19; case activity C.S., a mentally ill prisoner committed pursuant to §51.20(1)(ar), challenged the constitutionality of §51.61(1)(g) on its face and as applied because it allowed the government to medicate him against his will without finding him dangerous first. In a published decision… Read more
Kahler v. Kansas, USSC No. 18-6135, certiorari granted 3/18/19 Question presented: Do the Eighth and Fourteenth Amendments permit a state to abolish the insanity defense? Decision below; USSC docket; Scotusblog page As Scotusblog explains, Kahler was convicted of killing his, wife, kids, and his wife’s grandmother, and he was sentenced to death. His lawyers argued… Read more
Ozaukee County v. R.T.H., 2018AP1317, 2/27/19, District 2, (1-judge opinion, ineligible for publication); case activity; Marathon County v. C.M.L., 2017AP2220, 2/26/19, District 3 (1-judge opinion, ineligible for publication); case activity These two, unrelated decisions highlight a recurring due process violation at Chapter 51 hearings. For an original commitment, the county must prove that the person… Read more
Winnebago County v. A.A., 2018AP1505-FT, 12/12/18, District 2 (1-judge opinion, ineligible for publication); case activity A.A.’s commitment was set to expire on March 28th. Two days before his March 22 recommitment hearing he demanded a jury trial. The court gave him one on April 12th. A.A. argued that the trial court lost competency to act when… Read more
Milwaukee County v. T.L.R., 2018AP1131, 12/4/18, District 1 (1-judge opinion, ineligible for publication), case activity Here’s an issue of first impression for SCOW. Lessard v. Schmidt, 349 F. Supp. 1078, 1092 (E.D. Wis. 1972) established procedural and substantive due process rights for persons undergoing mental commitments. One of those rights is the right to particularized… Read more
Monroe County v. B.L., 2018AP694, 11/8/18, District 4 (one-judge decision; ineligible for publication); case activity B.L. argues on appeal that the doctor who initiated his emergency detention could not also be one of the examiners appointed under Wis. Stat. § 51.20(9)(a)1.. The court does not address the argument, because B.L. raises it for the first… Read more
