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b. Time limits

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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Waukesha County v. Steven R.C., 2014AP1032-FT, District 2, 9/10/14 (1-judge; ineligible for publication); case activity The failure to hold a probable cause hearing within 72 hours of Steven’s initial detention deprived the circuit court of competency to proceed, despite the County’s filing of a new petition within the 72-hour time period with new allegations. Steven was detained… 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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Outagamie County v. Paul S., 2011AP920, District 3, 9/27/11 court of appeals decision (1-judge, not for publication); for Paul S.: Shelley Fite, SPD, Madison Appellate; case activity ¶9        Wisconsin Stat. § 51.15(5) provides an individual may “not be detained by the law enforcement officer or other person and the facility for more than a total of 72 hours… Read more

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Milwaukee County v. Earl Z., 2010AP704, District 1, 9/23/10 court of appeals decision (1-judge, not for publication); for Earl Z.: Jeremy Perri, SPD, Milwaukee Appellate County appeal of dismissal of emergency detention at probable cause stage is moot, where facts supporting that requested detention are no longer operative. Exceptions to mootness — appellate court may reach merits if the… Read more

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Dane County v. Stevenson L.J., 2009 WI App 84 For Stevenson L.J.: Ruth N. Westmont Issue/Holding: Where Stevenson L.J. was detained on an “emergency statement” in one county (Brown), then transferred to another (Dane) before a probable cause hearing, a new emergency statement in Dane County did not establish a new 72-hour time limit for a… Read more

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Dodge County v. Ryan E.M., 2002 WI App 71 For Ryan E.M.: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether the 72-hour deadline, necessary for the court’s competency over the ch. 51 commitment proceeding, is measured from the subject’s time of detention. (“¶4. The issue in this case is whether the method of computing time set… Read more

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County of Milwaukee v. Edward S., 2001 WI App 169, PFR filed For Edward S.: Richard D. Martin, SPD, Madison Appellate Issue: Whether the 14-day deadline set by § 51.20(7)(c) for final hearing is extendible when delay is caused by the respondent’s own action. Holding: The otherwise mandatory deadline for final commitment hearing is waivable when the… Read more

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