Sheboygan County v. M.W., 2021AP6, petition for review of an unpublished court of appeals decision granted 9/14/21; case activity Issue Presented (composed by On Point) What is the proper remedy when, in a ch. 51 recommitment proceeding, the circuit court fails to make specific factual findings with reference to the statutory basis for its determination… Read more
Search: d.j.w.
Defense win: circuit court failed to make sufficient findings regarding dangerousness in ch. 51 case
Outagamie County v. L.C.E., 2021AP324, District 3, 9/8/21 (one-judge decision; ineligible for publication); case activity Once again, a circuit court fails to make the findings necessary to support the extension of a commitment under § 51.20, resulting in the reversal of the extension order. In Langlade County v. D.J.W., 2020 WI 41, ¶40, 391 Wis… Read more
Shawano County v. S.L.V., 2021AP223, District 3, 8/17/21 (one-judge decision; ineligible for publication); case activity Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277, requires a circuit court to make specific fact findings about dangerousness at a ch. 51 commitment hearing. The circuit court didn’t do that in this case… Read more
Rusk County v. A.A., 2019AP839 & 2020AP1580, District 3, 7/20/21 (not recommended for publication); case activity (2019AP839; 2020AP1580) A.A. appeals two recommitment orders, raising multiple constitutional issues as to both and challenging the sufficiency of the evidence of dangerousness as to one of the cases and the admission of hearsay evidence regarding the other. The… Read more
Outagamie County DHHS v. M.D.H., 2020AP86, District 3, 7/13/21 (one-judge decision; ineligible for publication); case activity The evidence at M.D.H.’s final commitment hearing proved he was dangerous under § 51.20(1)(a)2.d. Under that statute, an individual is dangerous if he or she has engaged in recent acts or omissions that show that, because of mental illness, he… Read more
Sheboygan County v. M.W., 2021AP6, 5/12/21, District 2 (one-judge decision; ineligible for publication), petition for review granted, 9/14/21, reversed, 2022 WI 40; case activity For more than a year now, Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277, has required circuit courts imposing ch. 51 commitments to identify which… Read more
Rock County v. J.J.K., 2020AP1085, 4/29/21, District 4, (1-judge opinion, ineligible for publication), case activity This is an appeal from the initial commitment and involuntary medication order entered against J.J.K. The court of appeals affirmed both contrary to published precedent on the rule against hearsay, the plain error doctrine, and procedural and substantive due process… Read more
Rock County v. J.J.K., 2020AP2105, District IV, 5/6/21 (1-judge opinion, ineligible for publication); case activity This is the sequel to the Rock County v. J.J.K.. 2020AP1085 above. The decision is alarming because the circuit court found J.J.K. dangerous enough for a recommitment based on the 5th standard, but the court of appeals affirmed based on… Read more
