Douglas County v. J.M., 2022AP2035, 11/28/23, District 3 (one-judge decision; ineligible for publication); case activity “James” was subjected to a guardianship under ch. 54 and a protective placement under ch. 55 in 2020. He had annual reviews of placement in 2021 and 2022; the last one is the subject of this appeal. James argues… Read more
3. Civil Commitments
Winnebago County v. A.P.D., 2023AP863, 12/13/23, District II (one-judge decision; ineligible for publication); case activity In yet another defense win reliant on Langlade County v. D.J.W., COA holds that the circuit court failed to make adequate findings in this Chapter 51 appeal. “Andrew” challenges a recommitment order based on the fifth standard. (¶3). He argues that… Read more
Winnebago County v. D.E.W., 2023AP215, petition for review of an unpublished court of appeals decision granted 12/11/23; dismissed as improvidently granted 5/14/24, case activity (including briefs) SCOW accepts a case poised to resolve ongoing conflict in COA with respect to involuntary medication orders in Chapter 51 appeals. As we discussed in our post on this… Read more
Racine County v. B.L.M., 2023AP757, 11/22/23, District II (ineligible for publication); case activity Despite a creative challenge to a continued protective placement order, COA rejects any argument that the circuit court lost competency by failing to timely reappoint a GAL in this protective placement appeal. § 55.18 lists the required procedures for an annual review… Read more
Graham L. Stowe v. Gregory Van Rybroek, 18-CV-400-wmc (W.D. Wis. 11/6/23). Having recently prevailed on a judicial bias claim in state court, Stowe makes a return appearance to the blog on his 2018 federal habeas petition. Unfortunately, the Western District of Wisconsin denied the petition, which had been pending for close 5 years. The petition… Read more
Sawyer County v. P.D.F., 2022AP2007, 11/7/23, District III (one-judge decision; ineligible for publication); case activity Although P.D.F. successfully persuades COA that the circuit court erroneously concluded he did not understand the advantages, disadvantages and alternatives to medication, the record nonetheless shows that he was incapable of applying an understanding. At “Paul’s” hearing regarding the County’s… Read more
Walworth County v. E.W., 2023AP289, 11/1/23, District II (one-judge decision; ineligible for publication); case activity Defying the recent trend of hearsay victories in Chapter 51 appeals, COA rejects E.W.’s attempt to argue that the admission of hearsay evidence at his final hearing constituted “plain error.” At “Edward’s” recommitment hearing, the County’s sole witness was Dr… Read more
Sauk County D.H.S. v. R.K.M., 2023AP912, 10/12/23, District 4 (one-judge decision; ineligible for publication); case activity R.K.M. raised a variety of arguments seeking to challenge the often cited “decompensation” theory for extending a chapter 51 commitment where the subject has (1) made substantial progress while under commitment, (2) engaged in no recent dangerous behavior, and… Read more
