On Point blog, page 11 of 11
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court of appeals decision (1-judge, not for publication); for Dennis H.: Jefren E. Olsen, SPD, Madison Appellate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).