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2. Recommitment 3. Civil Commitments 45. WI Court of Appeals 6. Hearing procedure/evidence A. Ch. 51, Mental health a. Constitutional challenges C. Unpublished Opinions Uncategorized

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

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3. Civil Commitments 45. WI Court of Appeals 6. Hearing procedure/evidence A. Ch. 51, Mental health C. Unpublished Opinions Defense wins! Important Posts

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