4. Competency of defendant

State v. A.L., 2016AP880, review of a published court of appeals decision granted 6/11/18; case activity Where a juvenile has been found incompetent to stand trial, Wis. Stat. § 938.30(5)(e)1. says he or she can be later reevaluated–but only if he or she was found likely to regain competence. Nevertheless, the court of appeals, relying on… Read more

State v. A.L., 2017 WI App 72, petition for review granted 6/11/18, affirmed, 2019 WI 20; case activity; review granted 6/11/18 The court of appeals holds that § 938.30(5) permits a juvenile court to order the re-evaluation of competency of a juvenile previously found not competent to proceed even though the juvenile was also found not likely to… Read more

State v. Andre L. Scott, 2016AP2017-CR, bypass granted 9/12/17, case activity (including briefs) Issues: 1. Whether, despite State v. Debra A.E., 188 Wis. 2d 111, 523 N.W.2d 727 (1994), a circuit court may use §971.14(4)(b) to require a nondangerous defendant to be treated to competency against his will, and if so, whether §971.14(4)(b) is unconstitutional on… Read more

State v. Desmond Anthony Mattis, 2016AP982, 3/28/17, District 3 (one-judge decision; ineligible for publication); case activity (including state’s brief) Desmond Mattis raises three issues in this appeal of the circuit court’s denial of his Wis. Stat. § 974.06 motion. The court of appeals rejects them seriatim. Mattis first claims to have newly discovered evidence relating… 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State v. Matthew Allen Lilek, 2014AP784-CR, 10/4/16, District 1 (not recommended for publication); case activity (including briefs) Lilek’s trial counsel raised his competency to stand trial and the court-appointed expert found him incompetent and unlikely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