on review of unpublished decision; case activity Issue (composed by On Point) Whether the county adequately proved that Melanie L. is incompetent to exercise informed consent, in that: the county’s expert testified that she was incapable of applying an understanding “to her advantage” instead of “to … her mental illness … in order to make an informed… Read more
3. Civil Commitments
State v. Kenneth Roberts, 2012AP266, District 3, 10/11/12 court of appeals decision (not recommended for publication); case activity Discharge hearing wasn’t required on petition, where the sole expert opinion affirmed a high risk of recividism based on “dynamic” factors, notwithstanding that revised actuarial scoring methodology yielded a lower risk for “static” factors. State v. Arends, 2010… Read more
Milwaukee County v. Mary F.-R., 2012AP958, District 1, 10/2/12; court of appeals (1-judge, ineligible for publication), petition for review granted 2/11/13; case activity Ch. 51 Commitment – Sufficiency of Evidence Evidence held sufficient to uphold commitment, on issue of “dangerousness,” State v. Poellinger, 153 Wis. 2d 493, 507, 451 N.W.2d 752, (1990), applied: ¶12 Here, the County had to prove… Read more
on review of unpublished decision; case activity Issues (composed by on Point) 1. Whether Burton is entitled to a Machner hearing on his postconviction motion asserting that counsel was ineffective for failing to advise that Burton could pursue a bifurcated (NGI) plea along with his guilty plea, and have a jury determine whether he was not responsible… Read more
court of appeals certification, supreme court review granted 11/14/12; case activity § 51.35(1)(e) Patient Transfer, Time Limits Issue certified: 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… Read more
State v. Carl Cornelius Gilbert, Jr. / State v. Price T. Hunt, 2012 WI 72, affirming 2011 WI App 61; case activity (Gilbert), case activity (Hunt) ¶2 We are asked to decide whether Wisconsin Statutes chapter 980 (2005-06)[3] requires the dismissal of a pending commitment petition when the individual subject to the petition is re-incarcerated because of the revocation of parole or… Read more
MaryBeth Lipp v. Outagamie County Dept. of Health and Human Services, 2011AP152, District 3, 6/5/12 court of appeals decision (not recommended for publication); case activity Failure to decide a guardianship petition within the statutorily mandated 90 days of filing (§ 54.44(1)) caused the trial court to lose competency to proceed. Lack of objection didn’t waive… Read more
Green County v. Janeen J. C., 2011AP2603, District 4, 5/31/12 court of appeals decision (1-judge, not publishable); for Janeen J.C.: Katie R. York, SPD, Madison Appellate; case activity The trial court, before entering an involuntary medication order, failed to make requisite findings that Janeen J.C. wasn’t competent to make an informed choice, Virgil D. v. Rock County, 189… Read more
