Winnebago County v. Gina A.R., 2013AP226, District 2, 5/22/13; court of appeals decision (1-judge; ineligible for publication); case activty The court rejects Gina A.R.’s claim that the evidence at the final hearing was insufficient to show she is mentally ill, a proper subject for treatment, and dangerous, noting that much of her argument discusses facts… Read more
3. Civil Commitments
Polk County DHS v. Boe H., 2012AP2612, District 3, 5/7/13; court of appeals decision (1-judge, ineligible for publication); case activity While the circuit court lacked authority to specify that a person committed to outpatient treatment remain in a group home as a condition of the commitment order (¶14), the county department had the authority to… Read more
Wood County v. Zebulon K., 2011AP2387, and Wood County v. Forest K., 2011AP2394, District 4, 2/7/13; court of appeals decision (1-judge, ineligible for publication); case activity: Zebulon K.; Forest K. The evidence was not sufficient to prove that Zebulon and Forest need to be protectively placed. Though Zebulon and Forest are developmentally disabled, the evidence does… Read more
Review of unpublished court of appeals decision; case activity Issues (composed by On Point) 1. Whether there was sufficient proof that Mary F.-R. evidenced a “substantial probability of physical harm” to herself or others and was therefore dangerous under Wis. Stat. § 51.20(1)(a)(2). 2. Whether Wis. Stat. § 51.20(11) is an unconstitutional violation of equal… Read more
Milwaukee County v. Cheri V., 2012AP1737, District 1, 12/18/12 court of appeals decision (1-judge, ineligible for publication); case activity Mental health commitment, § 51.20, requires proof of mental illness and dangerousness. Cheri V. limits this challenge to the latter; the court agrees: ¶7 As seen from our recitation of the facts adduced at the trial… Read more
State v. Shawn David Schulpius, 2012 WI App 134; court of appeals decision (recommended for publication); case activity SVP Discharge Hearing – Showing Required, § 980.09(2) Before granting discharge hearing on a ch. 980 petition, the circuit court must satisfy itself that the petition answers two concerns: First, under § 980.09(1) “paper-review” determination, the petition alleges sufficient facts… Read more
Outagamie Co. Dept. of HHS v. Alicia H., 2012AP1508, District 3, 11/14/12 court of appeals decision (1-judge, ineligible for publication); case activity Protective placement order upheld, against challenge to proof as to risk of harm (care, incompetence and permanent developmental disability being conceded). Fact-specific analysis won’t be summarized here (¶15). Proof necessary to protective placement recited (¶12)… Read more
on review of certification; case activity Issue (from Certification) Whether our holding in Fond du Lac County v. Elizabeth M.P., 2003 WI App 232, ¶¶26, 28, 267 Wis. 2d 739, 672 N.W.2d 88, that “Wisconsin Stat. § 51.35(1)(e) mandates that a patient transferred to a more restrictive environment receive a hearing within ten days of said transfer,” is contrary to… Read more
