Review of an unpublished summary court of appeals order; case activity (including briefs) Issues (from petition for review): 1. Was the Petitioner entitled to an evidentiary hearing on his petition for discharge from Chapter 980 commitment which included information that the Petitioner had terminated sexual acting out and where a psychologist reported improvement in an… Read more
3. Civil Commitments
Winnebago County v. M.O.S., 2015AP2619, District 2, 6/15/16 (one-judge decision; ineligible for publication); case activity The circuit court’s oral findings at the conclusion of M.O.S.’s trial didn’t track the statutory language in either § 51.61(1)(g)4.a. or 4.b., but no matter: On the standard involuntary medication order form the court checked the box corresponding to the standard under subdivision… Read more
Scott R. Schmidt v. Deborah McCulloch, 7th Circuit Court of Appeals No. 14-3651, 5/27/16 The Seventh Circuit upholds the denial of a Wis. Stat. ch. 980 detainee’s habeas corpus petition. As practitioners know, many important rules that protect a criminal defendant go out the window once the state alleges him a sexually violent person and seeks… Read more
Milwaukee County v. C. L.-K., 2015AP2031, 5/24/2016, District 1 (one-judge decision; ineligible for publication); case activity In State ex rel. Watts v. Combined Community Services Bd. of Milwaukee County, 122 Wis. 2d 65, 84, 362 N.W.2d 104 (1985), the state supreme court held that equal protection entitles a person protectively placed under Wis. Stat. ch. 55 to “annual”… Read more
Rock County v. S.J.M., 2016AP255-FT, 5/19/16, District 4 (one-judge opinion; ineligible for publication); case activity A circuit court involuntarily committed S.J.M. under §51.20(1)(a)1 -2 after finding him mentally ill, a proper subject for treatment, and dangerous. S.J.M. challenged the “dangerous” determination and, specifically, the finding that he threatened his mother with serious physical harm, which… Read more
Waukesha County v. J.W.J., 2016AP46-FT, 5/4/16 (1-judge opinion, ineligible for publication),petition for review granted 9/13/16, affirmed, 2017 WI 57; case activity To commit a person involuntarily, the county must show that the person is mentally ill and dangerous. To extend the commitment, the county may prove “dangerousness” by showing that “there is a substantial likelihood, based on… Read more
State v. Gary F. Lemberger, 2015AP1452-CR, 4/14/2016, District 4 (one-judge decision; ineligible for publication), petition for review granted 10/11/2016, affirmed, 2017 WI 39; case activity (including briefs) A breathalyzer test is a Fourth Amendment search, and state case law holds that the state may not invite a jury to view a defendant’s refusal to consent to a search… Read more
Outagamie County v. Adam B., 2015AP718, 4/12/16, District 3 (1-judge opinion; ineligible for publication); case activity (including briefs) The circuit court neglected to specify which of the 5 statutory “dangerousness” standards in §51.20(1)(a)2.a-e supported the Ch. 51 commitment of Adam B. But that did not trouble the court of appeals. Given the “de novo” standard of… Read more
