Ozaukee County v. Mark T.J., 2014AP479, District 2, 8/27/14 (1-judge; ineligible for publication); case activity The failure to hold an initial hearing within 72 hours of Mark’s arrival at the hospital where he was detained deprived the circuit court of competency to order an initial commitment order under ch. 51. But his appeal from that… Read more
3. Civil Commitments
Ozaukee County v. Laura B., 2014AP1011-FT, District 2, 8/13/14 (1-judge; ineligible for publication); case activity The evidence was sufficient to justify an extension of Laura B.’s commitment and an order for involuntary medication and treatment. Under Laura’s initial six-month commitment there was no order for involuntary medication and treatment, and she did not comply with various… Read more
State v. Hershel R. Stanley, 2014 WI App 89; case activity Even if DOC was required to release Stanley from prison on his presumptive mandatory release date instead of holding him to his maximum discharge date, the ch. 980 petition filed against him before his discharge date was timely because § 980.02(1m) permits filing a ch. 980 petition before… Read more
Kenosha County v. Vermetrias W., 2014AP861-FT, District 2, 7/16/14 (one-judge decision; ineligible for publication); case activity Vermetrias had been the subject of a Chapter 51 commitment order, which Kenosha County sought to extend. Section 51.20(1)(a)2 provides than an individual is the proper subject for commitment if he or she poses a danger to himself or… Read more
State v. Joseph J. Spaeth, 2014 WI 71, 7/16/14, on certification from the court of appeals, and reversing the circuit court’s dismissal order; majority opinion by Justice Gableman; case activity A necessary predicate of a commitment under ch. 980 is a conviction for a sexually violent offense. This case raises an unusual issue regarding predicate convictions: Can the… Read more
Portage County v. Jeffrey J.T., 2013AP2481, District 4, 6/26/14 (1-judge; ineligible for publication); case activity The report of the examining physician was sufficient to show that the advantages, disadvantages, and alternatives to medication were explained to Jeffrey, the subject of a ch. 51 recommitment proceeding, as required by § 51.61(1)(g)4. and Outagamie County v. Melanie L., 2013 WI… Read more
Waukesha County v. Kathleen H., 2014AP90, District 2, 6/25/14 (1-judge; ineligible for publication); case activity The County did not show that Kathleen, the subject of a ch. 51 commitment proceeding, is incompetent to refuse medication or treatment because it did not show that the advantages, disadvantages, and alternatives to her medication were explained to her… Read more
On review of an unpublished court of appeals decision; case activity Issue (composed by On Point) Was there sufficient evidence to establish Michael H. was “dangerous” under § 51.20(1)(a)2.a. or c., based either on his “threats” of suicide or a pattern of acts or omissions showing such impaired judgment that there is a substantial probability… Read more
