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Evidence sufficient to prove elements of ch. 51 commitment

Outagamie County v. D.G.M., 2020AP967, District 3, 9/21/21 (one-judge decision; ineligible for publication); case activity

The evidence at the final hearing on the petition to commit D.G.M. under ch. 51 was sufficient to establish all the statutory elements and D.G.M.’s incompetence to refuse medication.

This is a entirely fact-dependent decision holding that the evidence proved all three elements—that D.G.M. is mentally ill, a proper subject of treatment, and dangerous , in this case under § 51.20(1)(a)2.c. The facts present no need for any new explication of the relevant statutory standards. However, if you are litigating a ch. 51 sufficiency appeal, a comparison of the facts of your case to the facts of this case may or may not prove useful in formulating your argument.

Also, D.G.M.’s commitment and medication orders have expired. The latter is moot, but the former is not because of the ongoing firearm ban imposed as a result of the commitment. (¶¶15-17).

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