Evidence supported commitment under 2nd standard, due process challenge forfeited

Monroe County v. D.J., 2019AP1133, 1/2/19, District 4, (1-judge opinion, ineligible for publication); case activity Oh, this issue again. Monroe County pursued a Chapter 51 original commitment against D.J. but didn’t say which of the 5 standards of dangerousness it was proceeding under. One doctor opined that commitment was warranted under the 1st or 2nd […] Source: WI Public Defenders – On Point Evidence supported … Continue reading Evidence supported commitment under 2nd standard, due process challenge forfeited

No expert on dangerousness? No problem! (If you’re the state at a ch. 980 discharge hearing)

State v. Jamie Lane Stephenson, 2018AP2104, District 3, 10/29/19 (recommended for publication); case activity (including briefs) At a hearing on a committed person’s petition for discharge from a ch. 980 commitment, the state has the burden of proving the person is still a sexually violent person—that is, that the person: (1) has a mental disorder; […] Source: WI Public Defenders – On Point No expert … Continue reading No expert on dangerousness? No problem! (If you’re the state at a ch. 980 discharge hearing)

COA: ch. 51 jury doesn’t have to agree on whether you’re dangerous to self, others, etc.

Sauk County v. R.A.S., 2018AP2253, 10/31/2019, District 4 (one-judge decision; ineligible for publication); case activity R.A.S. was committed after a ch. 51 jury trial. The county alleged and the court instructed on two forms of dangerousness–those in Wis. Stat. § 51.20(1)(a)2.c. and 2.d.. R.A.S. asked that the verdict form require the jury to agree on […] Source: WI Public Defenders – On Point COA: ch. … Continue reading COA: ch. 51 jury doesn’t have to agree on whether you’re dangerous to self, others, etc.

Defense win! 72-hour filing deadline for revoking NGI conditional release is mandatory

State v. Larry W. Olson, 2018AP1075 & 1076, 10/8/19, District 3 (recommended for publication); case activity (including briefs) Olson and the state resolved some felony counts with an agreement that he’d plead not guilty by reason of mental disease or defect. The court found him NGI and committed him for 19 years, placing him on […] Source: WI Public Defenders – On Point Defense win! … Continue reading Defense win! 72-hour filing deadline for revoking NGI conditional release is mandatory

COA upholds admission of prior confrontations with police in disorderly conduct trial

State v. Eric L. Vanremortel, 2018AP417, 9/4/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Vanremortel was charged with disorderly conduct for an incident in which he followed the wife of a retired police officer in her car, then repeatedly got out of his own car and shouted at her. The state […] Source: WI Public Defenders – On Point COA upholds … Continue reading COA upholds admission of prior confrontations with police in disorderly conduct trial

May courts presume a person is competent to agree to commitment for treatment if a doctor opines that he isn’t?

Dane County v. N.W., 2019AP48, 8/29/29, District 4 (1-judge opinion, ineligible for publication); case activity N.W. entered a written stipulation to extend his Chapter 51 involuntary mental commitment. On appeal he argued that due process required the circuit court to conduct a colloquy to determine whether he knowingly, intelligently and voluntarily agreed to the extension […] Source: WI Public Defenders – On Point May courts … Continue reading May courts presume a person is competent to agree to commitment for treatment if a doctor opines that he isn’t?

Defense win! Court must hold probable cause hearing within 72 hours of detention for violating Ch. 51 settlement agreement

Ozaukee County v. R. C.J. Y., 2019AP297, 8/7/19, District 1 (1-judge opinion, ineligible for publication); case activity Many Chapter 51 cases are resolved through 90-settlement agreements entered just before or just after the circuit court holds a probable cause hearing. These settlement agreements are governed by §51.20(8)(bg),(bm) and (br). The court of appeals explained that if […] Source: WI Public Defenders – On Point Defense win! … Continue reading Defense win! Court must hold probable cause hearing within 72 hours of detention for violating Ch. 51 settlement agreement

SCOW to decide whether mental illness and reliance on government benefits warrant recommitment under Chapter 51

Langlade County v. D.J.W., 2018AP145-FT, petition for review granted 7/10/19; case activity Issue:  A doctor opined that David (a pseudonym) is unable to care for himself, and therefore dangerous under Wis. Stat. § 51.20(1)(am), because he lost employment and relies on the assistance of the government and his family for income and housing. As a […] Source: WI Public Defenders – On Point SCOW to … Continue reading SCOW to decide whether mental illness and reliance on government benefits warrant recommitment under Chapter 51

A new investigative report on the dark side of endless Chapter 51 recommitments

Today Mad in America, a nonprofit that publishes a webzine on science, psychiatry and social justice ran a long article on the dark side of “Assisted Outpatient Treatment” or, as we think of it in Wisconsin, “outpatient recommitments.” Turns out they have a very dark side. Chapter 51 practitioners may find the many studies and […] Source: WI Public Defenders – On Point A new … Continue reading A new investigative report on the dark side of endless Chapter 51 recommitments

SCOW will review the petitioner’s burden on dangerousness in ch. 51 cases

Marathon County v. D.K., 2017AP2217, petition for review granted 7/10/19; case activity As our prior post noted, the court of appeals upheld D.K. (or “Donald”)’s commitment against his challenge to the sufficiency of the evidence. The supreme court has now agreed to decide whether the testimony of the examining physician, who was the sole witness […] Source: WI Public Defenders – On Point SCOW will … Continue reading SCOW will review the petitioner’s burden on dangerousness in ch. 51 cases