On Point blog, page 10 of 10
Mental Commitment – Finding of Dangerousness
Trempealeau County v. Charles O., 2011AP2794, District 3, 5/1/12
court of appeals decision (1-judge, not for publication); for Charles O.: William E. Schmaal, SPD, Madison Appellate; case activity
The court rejects Charles O.’s argument that the evidence fell short of the “fifth-standard” showing of dangerousness, § 51.20(1)(a)2.e., State v. Dennis H., 2002 WI 104, ¶14, 255 Wis. 2d 359, 647 N.W.2d 851:
¶11 When reviewing the sufficiency of the evidence,
Mental Health Commitment – Sufficiency of Evidence
Manitowoc County v. Harlan H., 2011AP2499-FT, District 2, 1/25/12
court of appeals decision (1-judge, not for publication); for Harlan H.: Shelley Fite, SPD, Madison Appellate; case activity
Evidence that Harlan had put his wife in a headlock on one occasion and physically resisted a deputy’s attempt to detain him another, coupled with a diagnosis of paranoid schizophrenia, held sufficient to support ch. 51 commitment.
¶6 Wisconsin Stat.
Original commitment based on dangerousness under 51.20(1)(a)2.b upheld
Outagamie County v. Lorna G., 2011AP1662, District 3, 10/25/11
court of appeals decision (1-judge, not for publication); for Lorna G.: Eileen A. Hirsch, SPD, Madison Appellate; case activity
Although the trial court’s reference to “potential” for harm was an “imprecise summary” of the §51.20(1)(a)2b test for commitment (“substantial probability of physical harm”), this articulation “was not a deviation from the” correct standard. Moreover, the trial court’s finding that Lorna G.
Mental Commitment – Sufficiency of Evidence to show 2nd standard of dangerousness
Barron County v. Dennis H., 2010AP1026, District 3, 10/19/10
court of appeals decision (1-judge, not for publication); for Dennis H.: Jefren E. Olsen, SPD, Madison Appellate
Evidence held sufficient to support finding of dangerousness.
1) Recent overt act, attempt or threat to do serious physical harm. A psychologist testified that Dennis at times displayed aggressive behavior (“he changes at the snap of the finger and will become highly excitable,
Mental Health Commitment – “Fifth Standard” – Constitutionality
State v. Dennis H., 2002 WI 104, on certification
For Dennis H.: Ellen Henak, SPD Milwaukee Appellate
Issue: Whether the “fifth standard” for mental commitment, § 51.20(1)(a)2.e. (roughly: refusing treatment due to incapacity for making rational treatment decision), is constitutional.
Holding: The statute isn’t vague — the state must prove the various “elements” of this standard (which the court spells out and won’t be repeated here).