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4. Mootness

Ch. 51 appeal is moot

Milwaukee County v. Rebecca G., 2014AP359, District 1, 9/3/14 (1-judge; ineligible for publication); case activity Rebecca’s appeal of her ch. 51 commitment is dismissed as moot because the six-month commitment order expired while the appeal was pending and the County didn’t seek an extension. A court may decide a case even though it’s moot if: the issue presented is of… Read more

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Ozaukee County v. Mark T.J., 2014AP479, District 2, 8/27/14 (1-judge; ineligible for publication); case activity The failure to hold an initial hearing within 72 hours of Mark’s arrival at the hospital where he was detained deprived the circuit court of competency to order an initial commitment order under ch. 51. But his appeal from that… Read more

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Dane County v. Sheila W., 2013 WI 63 (per curiam), affirming court of appeals summary disposition; case activity The supreme court dismisses as moot a case presenting the questions of whether Wisconsin recognizes the “mature minor” doctrine, which permits a minor to give or refuse consent to medical treatment after a finding that she is sufficiently mature… Read more

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State v. Matthew O. Roach, 2011AP2105-CR, District 4, 5/17/12 court of appeals decision (1-judge, not for publication); for Roach: Brandon Kuhl; case activity Mootness Doctrine – Generally  ¶8 n. 2: The State also contends that this issue is moot because the condition of probation Roach challenges expired on January 19, 2012.  An issue is moot when its resolution… Read more

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State v. Joseph J. Wilcenski, 2013 WI App 21; case activity Conditions of pre-trial release – alcohol treatment and testing; constitutionality Waukesha County has adopted a policy that all persons arrested for OWI as a second or subsequent offense who live in one of ten counties be released from custody on the condition that they… Read more

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Mootness Doctrine

Managed Health Services Insurance Corp. v. Wisconsin DHS, 2010AP2551, District 1, 9/7/11 court of appeals decision (recommended for publication ); case activity Managed Health’s appeal related to contract procurement is dismissed as moot; because of failure to seek a stay of the trial court’s order allowing the process to continue, the contracts have already been… Read more

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TPR – Mootness

Kenosha County DHS v. Amber D., 2011AP667, District 2, 9/7/11 court of appeals decision (1-judge, not for publication); for Amber D.: Philip J, Brehm; case activity Mother’s termination appeal, explicitly linking itself to outcome of father’s then-pending appeal, rendered moot by latter’s unsuccessful outcome: ¶1        Amber D. appeals from an order terminating her parental rights.  At the… Read more

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Harlan Richards v. Graham, 2011 WI App 100(recommended for publication); for Richards: Kendall W. Harrison, Jennifer L. Gregor; case activity Mootness Doctrine Challenge to Parole Commission decision to increase deferment period from 10 to 12 months, and to Program Review Committee decision to increase security status, not rendered moot by subsequent parole and program hearings… Read more

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