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Failure to raise issue in circuit court forfeits it on appeal

Monroe County v. B.L., 2018AP694, 11/8/18, District 4 (one-judge decision; ineligible for publication); case activity

B.L. argues on appeal that the doctor who initiated his emergency detention could not also be one of the examiners appointed under Wis. Stat. § 51.20(9)(a)1.. The court does not address the argument, because B.L. raises it for the first time on appeal.

In reply to the county’s argument that B.L. forfeited the argument, B.L. responded, without citing authority, that the error is jurisdictional (and hence not subject to waiver). The court of appeals, saying it would have to “guess” at what B.L.’s argument on this point might be, declines to reach the merits. (¶¶5-6).

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