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COA contradicts itself on mootness and the collateral effects of Chapter 51 recommitments
Jackson v. C.A.D, 2020AP69, District 4, 9/17/20, (1-judge opinion, ineligible for publication); case activity This is the second time in a week District 4 has dismissed a recommitment appeal as moot despite the claim of collateral effects: a firearm restriction, stigma, possible liability for costs of care. D4 says: “prove they exist!” A fundamental principle […]
- A. Ch. 51, Mental health
- b. Moot
- 3. Civil Commitments
- C. Unpublished Opinions
- 8. Appeals
- 46. WI Court of Appeals
September 18, 2020
COA affirms commitment based on hearsay and meds based on outdated exam
Waukesha County v. C.A.E., 2020AP834-FT, District 2, 9/16/20 (1-judge opinion, ineligible for publication); case activity “Carly” argued that the circuit court committed plain error when it admitted and relied on hearsay evidence of dangerousness introduced through the County’s testifying doctor at her recommitment hearing. She also challenged the court’s involuntary med order because the last […]
COA dismisses Chapter 51 appeal re level of confinement for mootness
Waukesha County v. H.M.B., 202AP570, District 2, 9/16/20, (1-judge opinion, ineligible for publication); case activity This is not your typical Chapter 51 mootness decision. The county petitioned for the initial commitment of “Heather,” who was suffering from anorexia nervousa. She stipulated to a commitment but not to confinement at a mental hospital or to involuntary […]
Evidence sufficient to support disorderly conduct conviction
County of Walworth v. Bozena Twarowksi, 2020AP208, 9/16/20, District 2, (1-judge opinion ineligible for publication); case activity Twarowski went to pick up her dog from a kennel, balked at an inflated bill, and apparently became argumentative and hostile. The trial court convicted her of disorderly conduct, and she appealed pro se. According to the court […]
COA: delay in McDonald’s order wasn’t a “seizure”; warrant didn’t require officer to invoke God
State v. Johnathan L. Johnson, 2019AP1398, 9/9/20, District 3 (not recommended for publication); case activity (including briefs) Johnson was arrested for OWI in a McDonald’s parking lot. He’d ordered some food at the drive-through, and an employee had noticed his intoxication and called police.
- B. Search warrants
- C. Unpublished Opinions
- F. Private search or seizure
- 7. Affirmation requirement
- 35. Search & Seizure
- 46. WI Court of Appeals
September 14, 2020
Defense win! “black male in black hoodie” not good enough to stop black male in maroon sweatshirt
State v. James E. Brown, 2020AP489, 9/9/20, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) Officers responded to a call for shots fired; the caller apparently described the shooting party as a “black male wearing a black hoodie and shorts.” On arriving in the “vicinity” they saw a black man, Brown, driving […]
Defense win! Police unlawfully extended seizure and searched purse during it
State v. Ashley L. Monn, 2019AP640-CR, 9/9/20, District 3, (1-judge opinion, ineligible for publication); case activity When police executed an arrest warrant for a man at his trailer home, they found Monn there too. They cuffed her, conducted a protective search, confirmed she had no outstanding warrants, and told her she would be released without […]
Court of appeals won’t presume that mental commitments have collateral consequences for the patient
Sauk County v. S.A.M., 2019AP1033, 9/3/20, District 4 (one-judge decision; ineligible for publication); case activity Wisconsin involuntarily commits mentally ill people at a higher rate than any other state in the United States–close to 5 times the national average. Click here. Wisconsin is also in the minority of states that will dismiss an appeal from […]
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