State v. Joseph G. Green, 2022 WI 30, 5/13/22, limiting in part and affirming in part, a published court of appeals decision; case activity (including briefs) Section 971.14(5)(a)1 provides that a defendant’s commitment for treatment to competency cannot exceed 12 months or his maximum sentence, whichever is less. So the State argued that if a… Read more
4. Competence of defendant
State v. M.D.M., 2021 WI App 42; case activity In 2014, the State filed petitions charging M.D.M., a juvenile, with multiple counts of delinquency. He was found incompetent but likely to regain, so the court suspended these cases. In 2016, the State filed a new petition charging M.D.M. with 1 count of delinquency. This time… Read more
State v. Lance L. Black, 2019AP592, 3/3/20, District 1 (not recommended for publication); case activity (including briefs) Black’s first trial ended in a hung jury. When the state said it would try him again, he made a fuss–swearing and pounding on a table. At his second trial, Black again erupted (twice), was removed from the… Read more
State v. Matthew Allen Lilek, 2014AP784-CR, 10/4/16, District 1 (not recommended for publication); case activity (including briefs) Lilek’s trial counsel raised his competency to stand trial and the court-appointed expert found him incompetent and unlikely to become so. The state, dissatisfied with that result, requested another evaluation, and the court obliged. This new evaluation reached… Read more
State v. Jimmie Lee Smith, 2016 WI 23, 4/7/16, reversing a published court of appeals decision, majority opinion by Roggensack, concurrence by Ziegler, dissent by Abrahamson (joined by A.W. Bradley); case activity (including briefs) You can’t accuse the majority of mere error correction in this decision. Although the State never asked SCOW to rewrite the… Read more
Review of a published court of appeals decision; case activity (including briefs) Issue (composed by On Point) Did the evidence presented at Smith’s postconviction hearing establish reason to doubt that Smith was competent at the time of his trial and sentencing under the standard for retrospective determinations of competency established by State v. Johnson, 133 Wis… Read more
State v. Charles C.S., Jr., 2014AP1045, 2/11/15, District 2 (not recommended for publication); click here for docket Ouch! This is the rare case where the court of appeals found both the deficient performance and the prejudice required for an “ineffective assistance of trial counsel” claim. Such decisions can be hard on the defense attorney, but… Read more
State v. Jimmie Lee Smith, 2014 WI App 98, petition for review granted 6/12/15; case activity If you’re working on a competency issue, read this decision. Neither the trial court nor defense counsel raised the subject of Smith’s competency at the time of trial. And Smith had not received a pre-trial competency exam. That’s why… Read more
