Chippewa County v. M.M., 2017AP1325, 5/1/18, District 3, (1-judge opinion, ineligible for publication); case activity You don’t see this very often. A jury found M.M. mentally ill, a proper subject for treatment, and dangerous under §51.20(1)(a)2.c based on testimony by not 1, not 2, but 3 doctors–all of whom said that M.M.’s paranoia and conduct would… Read more
3. Civil Commitments
State v. Anthony Jones, 2018 WI 44, 5/4/2018, affirming an unpublished summary order, 2015AP2665, case activity We noted in our post on the grant of Jones’s PFR that at the time there were “exactly zero Wisconsin appellate cases holding expert testimony inadmissible under Daubert.” That’s still true. Jones sought to exclude from his ch. 980 commitment trial… Read more
Winnebago County v. J.M., 4/18/18, 2018 WI 37, affirming an unpublished court of appeals opinion, 2016AP619, case activity. This opinion will interest lawyers who handle Chapter 51 cases and appellate lawyers of all stripes. It establishes that persons undergoing Chapter 51 mental commitments are entitled to the effective assistance of counsel and formally adopts the… Read more
Outagamie County v. C.A., 2017AP450, District 3, 1/23/18 (1-judge opinion, ineligible for publication); case activity The records for Chapter 51 cases are confidential, so we have not seen the briefs for this case. But, judging from this court of appeals opinion, it doesn’t take much beyond a mental illness diagnosis to get yourself committed under §51.20(1)(a)2e… Read more
Langlade County v. D.J.W., 2017AP1313-FT, District 3, 11/7/17 (one-judge decision; ineligible for publication); case activity There was sufficient evidence at D.J.W.’s commitment trial to establish he met the standard for dangerousness under § 51.20(1)(a)2.d. D.J.W. argues the evidence wasn’t sufficient to establish a recent failure to care for himself or a probability of imminent harm if he… Read more
Waushara County v. B.G., 2017AP956, 10/26/17, District 4 (1-judge opinion, ineligible for publication); case activity When the circuit court entered a protective services order for B.G., it did not include any conditions or labels such as “temporary” or “conditional.” It did, however, state that B.G. “does not meet the standards for protective placement.” When B.G… Read more
Or can you? Yesterday’s NYT Magazine featured an in-depth article on what happens to a people after they plead not guilty by reason of insanity. If you like horror stories, click here. The author says that in 2015 he began seeking data on length-of-stay and legal status for people who have been institutionalized in every… Read more
Review of a summary order of the court of appeals; affirmed 5/4/18; case activity (including briefs) Issues (from the petition for review): Anthony Jones was committed under Wis. Stat. ch. 980 after a trial at which the state presented expert testimony relying in part on two actuarial instruments: the MnSOST-R and the RRASOR. Mr. Jones had moved… Read more
