Involuntary Commitment-Ineffective Assistance of Counsel

WI Court of Appeals – District III

Case Name: Brown County v. L. M. R.

Case No.: 2023AP002314

Officials: Stark, P.J.

Focus: Involuntary Commitment-Ineffective Assistance of Counsel

The Court affirmed the involuntary commitment and medication orders for L.M.R. by the Brown County Circuit Court. Luke, the respondent-appellant, had been emergently detained in March 2022 after being found walking naked in freezing temperatures, unable to recall basic activities like eating or drinking. He was later diagnosed with bipolar disorder and deemed a danger to himself due to his behavior and impaired judgment.

The court found sufficient evidence supporting Luke’s dangerousness under Wis. Stat. § 51.20(1)(a)2.c., as his actions demonstrated a substantial probability of physical harm. Luke challenged the sufficiency of the evidence and argued ineffective assistance of counsel, citing his attorney’s failure to object to hearsay about a similar incident in 2019. However, the court held that the 2019 incident’s mention did not significantly impact the findings, affirming the original commitment and medication orders without the need for a hearing on ineffective assistance claims. The decision emphasized that the evidence and court’s factual findings were adequate to satisfy statutory requirements.

Affirmed.

Decided 08/06/24

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