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A. Ch. 51, Mental health

Winnebago County v. A.A., 2018AP1505-FT, 12/12/18, District 2 (1-judge opinion, ineligible for publication); case activity A.A.’s commitment was set to expire on March 28th. Two days before his March 22 recommitment hearing he demanded a jury trial. The court gave him one on  April 12th. A.A. argued that the trial court lost competency to act when… Read More

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Milwaukee County v. T.L.R., 2018AP1131, 12/4/18, District 1 (1-judge opinion, ineligible for publication), case activity Here’s an issue of first impression for SCOW. Lessard v. Schmidt, 349 F. Supp. 1078, 1092 (E.D. Wis. 1972) established procedural and substantive due process rights for persons undergoing mental commitments. One of those rights is the right to particularized… Read More

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Monroe County v. B.L., 2018AP694, 11/8/18, District 4 (one-judge decision; ineligible for publication); case activity B.L. argues on appeal that the doctor who initiated his emergency detention could not also be one of the examiners appointed under Wis. Stat. § 51.20(9)(a)1.. The court does not address the argument, because B.L. raises it for the first… Read More

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Fond du Lac County v. S.R.H., 2018AP1088-FT, 10/17/18, District 2 (1-judge opinion, eligible for publication); case activity At the beginning of a Chapter 51 extension hearing, S.R.H. told the court that he wanted to fire his attorney, and he asked for a new one. When that failed, he asked the court “Your honor, could I… Read More

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Winnebago County v. B.C., 2018AP846-FT, District 2, 9/5/18 (one-judge decision; ineligible for publication); case activity B.C. challenges the sufficiency of the evidence to extend his commitment and involuntarily medicate him. His challenge fails. B.C. is a prison inmate, so his commitment is governed by § 51.20(1)(ar), so instead of dangerousness the petitioner has to show that… Read More

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Waukesha County v. S.L.L., 2017AP1468, petition for review of memorandum opinion granted 8/15/18; case activity Issues (from court of appeals opinion): Whether the circuit court has personal jurisdiction to recommit a person under Chapter 51 when the County concedes that it has been unable to serve her with the petition for recommitment? Whether a circuit… Read More

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Marathon County v. D.K., 2017AP2217, 8/7/18, District 3 (1-judge opinion, ineligible for publication); case activity “Donald” is the pseudonym the court of appeals opinion assigned to D.K., who was committed under §51.20(a)2.b. Although Dr. Dave, the examining physician, waffled on the odds of whether Donald might do serious physical harm without commitment and treatment, the court… Read More

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Waukesha County v. M.J.S., 2017AP1843, 8/1/18, District 2, (1-judge opinion, ineligible for publication), case activity In May On Point reported a defense win in this case.  One week later, Waukesha County moved for reconsideration. The court of appeals just granted the motion and issued this new opinion. The difference between the two is that the May… Read More

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