On Point blog, page 4 of 60
Defense wins (in part) when COA reverses involuntary medication order, but affirms extending commitment under Ch. 51.
Price County v. C.N.S., 2024AP853, District III, 1/22/25 (one-judge decision; ineligible for publication); case activity
Appellant CNS wins a battle but loses the war as the COA affirms the circuit court’s order extending her commitment under Ch. 51, but reverses order authorizing involuntary medication. The Court clarified that a circuit court meets D.J.W.’s requirement to make a specific factual finding with reference to the subparagraph of Wis. Stat. § 51.20(1)(a)2. on which the recommitment is based if the circuit court’s oral ruling referred to the wording of the statute, even if the court did not cite the specific subparagraph.
Defense Win! Evidence insufficient to continue ch. 55 protective placement orders
Monroe County v. H.K.B., 2024AP1305, District 4, 1/16/25 (one-judge decision; ineligible for publication); case activity
On appeal from the two most recent Watts review hearings, the COA concludes that there was insufficient evidence for the protective placement order because the County failed to prove that H.K.B. was “so totally incapable of providing for . . . her own care or custody as to create a substantial risk of serious harm to . . . herself or others,” as required by § 55.08(1)(c).under Wis. Stat. § 55.08(1)(c).
COA rejects challenges to continued protective placement and affirms
Wood County v. P.J.L., 2024AP2098-FT, 1/9/25, District IV (one-judge decision; ineligible for publication); case activity
In a chapter 55 appeal arising from a somewhat unusual posture–a continued protective placement order following a jury trial–COA’s invocation of an exceedingly deferential standard of review results in affirmance.
COA affirms order authorizing involuntary medication under ch. 51 where, contrary to the evidence, appellant denies mental illness.
Dane County v. M.A.A., 2024AP1589, 12/27/24, District IV (one-judge decision; ineligible for publication); case activity
The Court of Appeals affirmed the circuit court’s order authorizing involuntarily administering medication to M.A.A. in light of evidence that M.A.A. denies he has a mental illness.
COA holds that testimony of treating psychiatrist cured any flaws in treatment plan and rejects challenges to involuntary medication order
State v. D.E.C., 2024AP1789-CR & 2024AP1799-CR, 12/27/24, District IV (recommended for publication); case activity
In yet another published decision pertaining to an involuntary medication order entered in conjunction with pretrial competency proceedings, COA holds that the testimony of a treating psychiatrist, in conjunction with the proposed treatment plan, was legally sufficient and affirms the order for treatment.
Defense Wins: COA reverses Chapter 51 commitment for insufficient evidence of dangerousness.
Monroe County v. M.C., 2024AP924, 12/12/24, District IV (one-judge decision; ineligible for publication); case activity
The Court of Appeals reversed the circuit court’s commitment order under Chapter 51 where the court did not make sufficient factual findings to support its conclusion that M.C. was dangerous, as required by D.J.W.
COA holds that County sufficiently proved dangerousness in Chapter 51 extension hearing
Trempealeau County v. R.B., 2024AP1052, 12/10/24, District III (one-judge decision; ineligible for publication); case activity
COA affirms, holding that the evidence of potential deterioration during commitment period justified extension order.
COA affirms 51.20 commitment for alcoholism as matter of first impression
Vernon County v. F.W.R., 2024AP203, District IV, 11/6/24 (one-judge decision; ineligible for publication); case activity
COA rejects F.W.R.’s challenges to his involuntary commitment order under Wis. Stat. § 51.20 for alcohol dependence, concluding that a person may be involuntarily committed for treatment for alcoholism, the circuit court followed the proper procedures and the county met its burden to prove that he was drug dependent and dangerous.
COA rejects challenges to commitment under the 51.20(1)(a)2.b. dangerousness standard
Waukesha County v. M.D.S., Jr., 2024AP1315, District II, 11/6/24 (one-judge decision; ineligible for publication); case activity
COA rejects “Smith’s” challenges raising commonly-litigated appellate issues and affirms in this chapter 51 case, concluding that the circuit court applied the correct legal standard and the county met its burden to show that Smith was dangerous under sub. 2.b.
Defense Wins: Involuntary medication order for incompetent criminal defendant may not be based solely on dangerousness.
State v. N.K.B., 2023AP722-CR, 10/1/24, District I (recommended for publication); petition for review granted, 2/12/25 case activity
N.K.B. (referred to as Naomi) was found incompetent to proceed on her criminal charges. The circuit court authorized involuntarily administering medication to Naomi because she was dangerous. Naomi argued on appeal that the circuit court did not have authority to authorize involuntarily medicating her based only on dangerousness. In a recommended-for-publication decision, the COA vacated the circuit court’s order authorizing involuntary medication: “Defendants committed under § 971.14 cannot be involuntarily medicated based on dangerousness absent the commencement of proceedings under ch. 51 or some other statute that authorizes involuntary medication based on the defendant’s dangerousness.” (¶ 20).