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Sufficiency of Evidence

By: Derek Hawkins//June 19, 2019//

Sufficiency of Evidence

By: Derek Hawkins//June 19, 2019//

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WI Supreme Court

Case Name: Portage County v. J.W.K.

Case No.: 2019 WI 54

Focus: Sufficiency of Evidence

An issue is moot when its resolution will have no practical effect on the underlying controversy. In this review of a Chapter 51 recommitment order, we consider whether J.W.K.’s sufficiency-of-the-evidence challenge to the 2016 order extending his commitment is rendered moot because the 2016 order expired after the court extended his commitment in 2017 under a separate order. Reversing the expired 2016 order for insufficient evidence would have no effect on subsequent recommitment orders because later orders stand on their own under the language of the statute. We therefore hold that J.W.K.’s sufficiency challenge is moot, and we affirm the court of appeals’ decision dismissing the appeal.

Affirmed

Concur: DALLET, J., concurs and dissents, joined by ABRAHAMSON, J. and A.W. BRADLEY, J. (opinion filed).

Dissent:

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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