On Point blog, page 2 of 10
Defense Win! Insufficient evidence of dangerousness under first or second standards of dangerousness
Marinette County v. C.R.J., 2023AP1695-FT, 4/16/24, District III (one-judge decision; ineligible for publication); case activity
C.R.J. (“Caleb”) challenged his commitment on two fronts: (1) the circuit court’s failure to comply with Langlade County v. D.J.W.’s “specific factual findings” mandate and (2) the county failed to introduce sufficient evidence of dangerousness under either standard. After critiquing the circuit court’s factual findings, the court agrees with Caleb that insufficient evidence existed to involuntarily commit him.
COA rejects challenges to finding of dangerousness, incompetency to refuse medication and upholds trial court’s decision to admit expert’s report at 51 hearing
Winnebago County v. C.J.H., 2023AP1263, 3/6/24, District II (one-judge decision; ineligible for publication); case activity
In a 51 appeal presenting several commonly litigated issues, COA finds no error and affirms.
COA rejects challenges to recommitment and involuntary medication
Ozaukee County D.H.S. v. M.A.G., 2023AP681, 11/29/23, District II (one-judge decision; ineligible for publication); case activity
M.A.G. challenged the extension of her Chapter 51 commitment and the order finding her incompetent to refuse medication. The court of appeals affirms both orders after concluding that the county presented sufficient evidence of dangerousness under the the third standard and sufficient evidence that she is not competent to refuse medication.
Fear of “decompensation” and recurrence of dangerous behavior dooms challenge to recommitment
Sauk County D.H.S. v. R.K.M., 2023AP912, 10/12/23, District 4 (one-judge decision; ineligible for publication); case activity
R.K.M. raised a variety of arguments seeking to challenge the often cited “decompensation” theory for extending a chapter 51 commitment where the subject has (1) made substantial progress while under commitment, (2) engaged in no recent dangerous behavior, and (3) is generally compliant with medication and treatment provided under commitment. However, his challenge runs into the buzzsaw of fears of decompensation and “recurrence of his symptoms.” (Op., ¶¶6-7).
COA affirms initial commitment order; expresses critical thoughts as to “flood” of 51 appeals and hints at a renewed willingness to find at least some appeals moot
Winnebago County v. C.H., 2023AP505, 8/30/23, District 2 (one-judge decision; ineligible for publication); case activity
In this Ch. 51 appeal, COA swats aside familiar 51 arguments, expresses its frustration with a “flood” of Ch. 51 appeals and, with approving citation to a dissent from SCOW, hints that we may not have heard the last of the mootness doctrine in COA with respect to 51 appeals.
Defense win! County failed to prove patient received a reasonable explanation of proposed medication
Marinette County v. A.M.N., 2022AP1395, District III, 8/29/23, 1-judge decision ineligible for publication; case activity (briefs not available)
Faced with a weak record, COA holds that A.M.N. cleared imposing hurdles to relief and reverses the lower court’s medication order as there was no proof he received a reasonable explanation of the proposed medication. However, despite a hearing rife with inadmissible hearsay, COA upholds the underlying commitment order under a harmless error analysis.
Yelling and throwing “roll of tape” at father sufficient to establish dangerousness under Ch. 51
Kenosha County v. L.A.T., 2022AP1730, District II, 8/23/23, 1-judge decision ineligible for publication; case activity (briefs not available)
L.A.T. (“Linda”) convinced the court of appeals the circuit court erred by admitting and relying on hearsay testimony from a psychiatrist to support its dangerousness finding. However, the court holds that sufficient non-hearsay evidence established that “Linda’s pattern of anger and aggressive behavior that caused others to seek law enforcement assistance…was sufficient to establish that others were in reasonable fear of violent behavior and/or serious physical harm at Linda’s hands.” (Op., ¶3).
COA resurrects mootness doctrine to dodge challenges to Ch. 51 order
Winnebago County v. J.L.C., 2023AP200, District II, 8/23/23, 1-judge decision ineligible for publication; case activity (briefs not available)
Although most litigators believed that arguments about mootness in 51 appeals were now settled, COA resurrects the mootness doctrine to deny relief in this appeal of an expired order.
COA applies L.X.D.-O. and affirms involuntary commitment
Racine County v. P.J.L, 2023AP254, District 2, 7/19/23, 1-judge decision ineligible for publication; case activity (briefs not available)
In Outagamie County v. L.X.D.-O., 2023 WI App 17, ¶36, 407 Wis. 2d 518, 991 N.W.2d 518 (PFR denied), the court of appeals rejected a sufficiency challenge to an involuntary medication order and held that an examiner’s report need not be entered into evidence in order for the circuit court to consider the information contained therein. Now, the court extends L.X.D.-O. to an initial commitment order itself under the same rationale. Opinion, ¶20 n.6.
Evidence sufficient to support finding of dangerousness under s. 51.20
Winnebago County v. T.G., 2022AP2078, District 2, 6/14/23 (one-judge decision; ineligible for publication); case activity
At the final hearing on a petition to commit T.G. (“Thomas”) under § 51.20, the County presented evidence he threw urine and feces at a guard on one occasion and later made a threat that he’d act in a way that would require staff to “suit up” and do a cell extraction and then “hurt” staff. (¶¶3-5). Considered together, this evidence satisfied the dangerousness standard under § 51.20(1)(a)2.b.