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No specific diagnosis, but evidence sufficient to support recommitment and involuntary medication

Brown County v. Quinn M., 2010AP3162, District 3, 4/26/11

court of appeals decision (1-judge, not for publication); for Quinn M.: Chandra N. Harvey, SPD, Madison Appellate; case activity

Evidence held sufficient to support extension of ch. 51 commitment upheld. 1. Mental illness. Expert testified that she was certain Quinn had a mental illness, though given his history of drug and alcohol use she could not provide a specific diagnosis with certainty. 2. Proper subject for treatment. Expert’s testimony established that medication has helped alleviate Quinn’s mental health symptoms. 3. Dangerousness. Testimony that, absent commitment, Quinn would probably not take medication or go to medical appointments – both being necessary to alleviate his mental health symptoms – supported a finding of dangerousness.

Evidence held sufficient to sustain County’s burden of proof that Quinn was incompetent to refuse medication or treatment; “the record supports the circuit court’s determination that Quinn is incapable of understanding the advantages, disadvantages, and alternatives to medication or treatment.” (Virgil D. v. Rock Cnty., 189 Wis. 2d 1, 524 N.W.2d 894 (1994), discussed.)

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