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99-2446 State ex rel. William E. Marberry v. Macht, Superintendent, Wisconsin Resource Center

By: dmc-admin//April 15, 2002//

99-2446 State ex rel. William E. Marberry v. Macht, Superintendent, Wisconsin Resource Center

By: dmc-admin//April 15, 2002//

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“A Wis. Stat. ch. 980 committed person’s liberty hinges upon this initial reexamination. Because of the significance of this initial reexamination and because such a reexamination is fundamental to securing other essential rights granted by ch. 980, we must conclude that the six-month time period for an initial reexamination is mandatory…. Here, DHFS took nearly two years to provide Marberry with a reexamination that should have been conducted within six months. Under the extreme state of affairs presented here and the prolonged deprivation of Marberry’s liberty in violation of the strict safeguards of Wis. Stat. ch. 980, Marberry’s release is the only appropriate remedy.”

Reversed and remanded.

Recommended for publication in the official reports.

DISSENTING IN PART: Brown, J., concurring in part and dissenting in part. “I agree with the majority’s careful distinction between Wis. Stat. ch. 980, Wis. Stat. ch. 51 and Wis. Stat. § 971.17. The discussion is excellent and, in my view, the conclusions reached are unassailable. I also join in the majority’s conclusion that the six-month time period for a reexamination is mandatory. I disagree, however, that the only remedy available for failure to meet the statutory time frame is release of the committed person to the streets.”

Dist II, Winnebago County, Hawley, J., Snyder, J.

Attorneys:

For Appellant: Donald T. Lang, Madison

For Respondent: Marguerite M. Moeller, Madison

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