Marinette County v. C.R.J., 2023AP1695-FT, 4/16/24, District III (one-judge decision; ineligible for publication); case activity C.R.J. (“Caleb”) challenged his commitment on two fronts: (1) the circuit court’s failure to comply with Langlade County v. D.J.W.’s “specific factual findings” mandate and (2) the county failed to introduce sufficient evidence of dangerousness under either standard. After critiquing the circuit… Read more
Search: d.j.w.
Defense Win! Insufficient evidence of dangerousness under first or second standards of dangerousness
Racine County v. C.B., 2023AP2018-FT, 3/20/24, District II (one-judge decision; ineligible for publication); case activity In a factually-specific appeal of a recommitment order, COA rejects all of C.B.’s arguments and affirms. “Banks” has been under a Chapter 51 order since 2015, following an NGI verdict in a criminal case in which he apparently fled from… Read more
Waukesha County v. G.M.M., 2023AP1359, 3/13/24, District II (one-judge decision; ineligible for publication); case activity In an appeal presenting a straightforward D.J.W. claim, COA affirms while also giving credence to harmless error arguments. This is an appeal from G.M.M.’s second 51 extension order. (¶2). The circuit court granted the County’s petition after a contested hearing, finding that… Read more
Portage County v. D.P.W.O., 2023AP1975, 3/7/24, District IV (one-judge decision; ineligible for publication); case activity In yet another appeal challenging the use of hearsay statements contained within an examiner’s report, COA rejects D.P.W.O.’s attempt to use the plain error doctrine to prove that this unpreserved error merits reversal of the extension order. At D.P.W.O.’s extension… Read more
Winnebago County v. T.S., 2023AP1267, 3/6/24, District II (one-judge decision; ineligible for publication); case activity In yet another 51 appeal attacking the sufficiency of the circuit court’s findings, COA rejects the County’s arguments and reverses. “Terry” was originally placed in DHS custody following an NGI verdict in his 2018 criminal case. (¶3). Shortly before his… Read more
Burnett County v. B.S., 2023AP1811-FT, 2/28/24, District III (one-judge decision; ineligible for publication); case activity Due in part to last-minute witness unavailability, the County’s attempt to rely solely on generic and conclusory testimony from an examining psychiatrist fails in yet another helpful, and citable, 51 win. This is an appeal from Brian’s fourth recommitment hearing… Read more
Winnebago County v. J.D.J., 2023AP1085, 2/21/24, District II (one-judge decision; ineligible for publication); case activity In yet another opinion which stresses the need for County-petitioners to take more care at extension hearings, COA reverses for failure to make an adequate record below. As the COA decision makes clear–in a series of footnotes, asides, and out-and-out… Read more
Winnebago County v. D.S., 2023AP1484, 1/24/24, District II (one-judge decision; ineligible for publication); case activity In a fact-dependent appeal, COA holds that the evidence was sufficient and the trial court’s findings adequate to uphold this 51 extension order. “Dennis” challenges an order finding that he is dangerous (or would become dangerous) under the fifth standard… Read more
