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Involuntary Commitment – Sufficiency of Evidence

By: Derek Hawkins//November 25, 2020//

Involuntary Commitment – Sufficiency of Evidence

By: Derek Hawkins//November 25, 2020//

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WI Court of Appeals – District IV

Case Name: Portage County v. E.R.R.,

Case No.: 2020AP870-FT

Officials: FITZPATRICK, P.J.

Focus: Involuntary Commitment – Sufficiency of Evidence

E.R.R. appeals orders of the Portage County Circuit Court extending his involuntary commitment and requiring E.R.R. to undergo treatment and take prescribed medication pursuant to WIS. STAT. ch. 51. E.R.R. contends that, in regard to the extension of the involuntary commitment, Portage County failed to establish by clear and convincing evidence that he is “dangerous,” as required by WIS. STAT. § 51.20(1)(a)2., (1)(am), and (13)(e) and (g)3. I agree with E.R.R. that the evidence is insufficient to support the circuit court’s order extending E.R.R.’s involuntary commitment and reverse that order as well as the order for involuntary treatment and medication, and remand with directions that those two orders be vacated.

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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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