On Point blog, page 1 of 1
SCOW will review more constitutional challenges to ch. 51’s recommitment scheme
Waupaca County v. K.E.K., 2018AP1887, petition for review of an unpublished court of appeals decision granted 7/24/20; case activity
Issues presented:
- Did the circuit court lose competency to conduct a recommitment hearing because the County did not file the evaluation of K.E.K. at least 21 days before the expiration of her commitment, as required by § 51.20(13)(g)2r.?
- Is the recommitment standard in § 51.20(1)(am) facially unconstitutional under the 14th Amendment because it violates the guarantees of substantive due process and equal protection of the law or abridges the privileges or immunities of citizens?
- Is the recommitment standard in § 51.20(1)(am) unconstitutional as applied to K.E.K.?
SCOW: Six-person jury for involuntary mental commitment survives equal protection challenge
Milwaukee County v. Mary F.-R., 2012AP958, affirming an unpublished court of appeals opinion; case activity
Majority opinion by Justice Crooks; concurrence by Chief Justice Abrahamson; additional concurrence by Justice Ziegler (joined by Justices Roggensack and Gableman)
The issues in this case spring from State v. Post, 197 Wis. 2d 279, 318-319, 541 N.W.2d 115 (1995)(“persons committed under Chapters 51 and 980 are similarly situated for purposes of equal protection comparison) and State v.
Milwaukee County v. Mary F.-R., 2012AP958, petition for review granted, 2/11/13
Review of unpublished court of appeals decision; case activity
Issues (composed by On Point)
1. Whether there was sufficient proof that Mary F.-R. evidenced a “substantial probability of physical harm” to herself or others and was therefore dangerous under Wis. Stat. § 51.20(1)(a)(2).
2. Whether Wis. Stat. § 51.20(11) is an unconstitutional violation of equal protection because it provides for a jury of six in ch.
Ch. 51 Commitment – Sufficiency of Evidence -Jury of Six
Milwaukee County v. Mary F.-R., 2012AP958, District 1, 10/2/12; court of appeals (1-judge, ineligible for publication), petition for review granted 2/11/13; case activity
Ch. 51 Commitment – Sufficiency of Evidence
Evidence held sufficient to uphold commitment, on issue of “dangerousness,” State v. Poellinger, 153 Wis. 2d 493, 507, 451 N.W.2d 752, (1990), applied:
¶12 Here,