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2010AP704 In the matter of the mental commitment of Earl Z.

By: WISCONSIN LAW JOURNAL STAFF//September 23, 2010//

2010AP704 In the matter of the mental commitment of Earl Z.

By: WISCONSIN LAW JOURNAL STAFF//September 23, 2010//

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Civil Procedure
Mootness

Milwaukee County appeals from an order of the circuit court dismissing an emergency detention proceeding for Earl Z. at the determination of probable cause stage. See Wis. Stat. § 51.20(7)(a). The parties agree that this case would ordinarily be considered moot because Mr. Z. is no longer subject to emergency detention based on the facts at issue when this case was addressed by the circuit court. Milwaukee County asserts that we should nevertheless address issues raised before the circuit court because they are issues of public importance that are likely to be repeated and evade appellate review, namely: what constitutes both (1) police custody and (2) an applicable detention facility under Wis. Stat. § 51.15(2) in order to trigger the commencement of the seventy-two-hour time limit for emergency detention pursuant to § 51.15(4)(b).

We conclude that, to the extent that the County preserved a potential topic for review by this court, the County has not identified an unsettled issue of law that has evaded review raised by the facts as developed in the record. Therefore, we dismiss this appeal as moot without reaching the merits of any argument raised. This opinion will not be published.

2010AP704 In the matter of the mental commitment of Earl Z.

Dist I, Milwaukee County, Foley, J., Blanchard, J.

Attorneys: For Appellant: Foley, Colleen A., Milwaukee; For Respondent: Perri, Jeremy C., Milwaukee

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