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A. Competence of trial court

Fond du Lac County v. S.N.W., 2019AP2073, petition granted 11/19/20; case activity Issues presented: 1. Did the circuit court lack competency to adjudicate this Chapter 51 commitment proceeding due to the county’s violation of the rule requiring it to file psychiatric reports 48 hours before the final hearing? 2. If the circuit court retained competency… Read more

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Waupaca County v. K.E.K., 2018AP1887, petition for review of an unpublished court of appeals decision granted 7/24/20; case activity Issues presented: Did the circuit court lose competency to conduct a recommitment hearing because the County did not file the evaluation of K.E.K. at least 21 days before the expiration of her commitment, as required by… Read more

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Fond du Lac v. S.N.W., 2019AP2073, 6/17/20, District 2 (1-judge opinion, ineligible for publication); case activity We detect the unmistakable odor of SCOW bait. One of two court appointed medical experts failed to submit his examiner’s report within 48 hours before the final hearing for an original commitment of a prisoner. S.N.W. argued that this… Read more

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City of Cedarburg v. Ries B. Hansen, 2020 WI 11, 2/11/19 (on bypass of the court of appeals); case activity (including briefs) Municipal courts have subject matter jurisdiction over ordinance violations (e.g. an OWI 1st), and circuit courts have subject matter jurisdiction over misdemeanors and felonies (e.g. an OWI 2nd or subsequent). In this 4-3… Read more

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State v. Larry W. Olson, 2019 WI App 61; case activity (including briefs) Olson and the state resolved some felony counts with an agreement that he’d plead not guilty by reason of mental disease or defect. The court found him NGI and committed him for 19 years, placing him on conditional release immediately. A few… Read more

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Waupaca v. K.E.K., 2018Ap1887, District 4, 9/26/19 (not recommended for publication), petition for review granted 7/24/20; case activity This opinion infuses uncertainty, if not confusion, into the law governing circuit court competency to decide a Chapter 51 recommitment case and the substantive legal standard that courts are to apply at the recommitment stage. Circuit court… Read more

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City of Cedarburg v. Ries B. Hansen, 2018AP1129, petition for bypass granted 2/12/19; case activity (including briefs) Issue (from petition for bypass): City of Eau Claire v. Booth, 2016 WI 65, ¶1, 370 Wis. 2d 595, 882 N.W.2d 738 held that when a circuit court handles a 1st offense OWI that is mischarged due to… Read more

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St. Croix County v. Kimberly L. Severson, 2017AP1111, 11/13/18, District 3, (i-judge opinion, ineligible for publication); case activity (including briefs) This is a City of Eau Claire v. Booth redux. In 2001 Severson was charged with OWI 1st in Eau Claire County and convicted of a separate OWI 1st in St. Croix County. Had St. Croix conviction been… Read more

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