State v. M.M.K., 2024AP591-CR, 2024AP592-CR, 2024AP593-CR, 2024AP594-CR, 10/31/24, District IV(1-judge decision, ineligible for publication); case activity In a case which continues a new trend in appeals of involuntary medication appeals, COA holds that while the circuit court correctly found M.M.K. incompetent, it failed to correctly apply Sell in ordering involuntary medication. M.M.K. was charged in… Read more
A. For trial
State v. Wilson P. Anderson, 2023 WI 44, 6/2/23, summarily reversing an unpublished court of appeals decision; 2020AP819; case activity (including briefs) As we’ve noted previously, the court of appeals (in the person of a single judge in District 1) decided this case shortly after the same court (by a three-judge panel of District 4)… Read more
State v. Donald L. White, 2020AP275-CR, 11/3/2022, District 4 (not recommended for publication); case activity (including briefs) We hope SCOW reviews this decision. An examiner opined that White was competent to proceed under §971.14 but refused to give her opinion to a reasonable degree of professional certainty. In fact, she thought White should be observed… Read more
State v. Joseph G. Green, 2020AP298-CR, petition for review granted 6/16/21, case activity (including briefs) Issue (from the State’s petition): Does a circuit court have authority to order tolling of the 12-month statutory time limit for bringing an incompetent criminal defendant to trial competency? When a circuit court declares a defendant incompetent to proceed with… 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State v. Lance L. Black, 2019AP592, 3/3/20, District 1 (not recommended for publication); case activity (including briefs) Black’s first trial ended in a hung jury.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. Craig L. Miller, 2018AP2161-CR, 7/18/19, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) Miller pled guilty to disorderly conduct as a domestic abuse incident and as a repeater. He appealed arguing that his plea was not knowing, intelligent and voluntary because of his schizophrenia diagnosis and the medication he was… Read more
State v. Fitzgerald, 2018AP1296-CR, 2019 WI 69, 6/13/19; case activity Sell v. United States, 539 U.S. 166 (2003) held that a mentally ill defendant has a constitutional right to avoid unwanted antipsychotic medication. The State can force it on him to restore his competency for trial only by proving the 4 “Sell factors.” Fitzgerald holds that §971.14… Read more
State ex rel. Fitzgerald v. Milw. County Circuit Court, 2018AP1214-W, 2019 WI 69, 6/13/19, case activity A defendant is entitled to an automatic stay of an involuntary medication pending appeal, otherwise his liberty interest in avoiding unwanted antipsychotic medications is rendered a nullity. State v. Scott, 2018 WI 74, __Wis. 2d __, 912 N.W.2d 14. But what… Read more
