15. Not guilty due to instanity

On review of an unpublished court of appeals decision; case activity Issues (composed from the State’s Petition for Review) In granting Kucharski a new trial on the issue of mental responsiblity under the miscarriage of justice prong of § 752.35, did the court of appeals substitute its judgment for that of the trial court on issues… Read more

State v. Donyil Leeiton Anderson, 2014 WI 93, 7/30/14, reversing an unpublished per curiam court of appeals decision; majority opinion by Justice Gableman; case activity Without explaining its reasoning, the supreme court declares that while the consumption of prescription medication in accordance with a physician’s advice may give rise to an involuntary intoxication defense under § 939.42, it can… Read more

State v. Erick O. Magett, 2014 WI 67, 7/16/14, affirming an unpublished court of appeals decision; majority opinion by Justice Prosser; case activity The circuit court erred when it prevented Magett from testifying on the issue of mental disease or defect during the responsibility phase of his NGI trial because the court mistakenly believed that Magett was… Read more

State v. Charles R. Kucharski, 2013AP557-CR, District 1, 5/6/14, petition for review granted 9/24/14, reversed, 2015 WI 64; case activity This is a nice defense win, and the majority opinion makes sense.  Kucharski shot and killed his parents and pled not guilty by reason of mental disease or defect. The only issue at his court trial… Read more

Review of unpublished court of appeals decision; case activity Issues (composed by On Point) Did the trial court err in instructing the jury that voluntary consumption of any drug precludes a finding of “mental defect” under § 971.15, where the defendant claimed he suffered from a temporary mental defect based in part on his use of a… Read more

State v. Julius C. Burton, 2013 WI 61, affirming unpublished court of appeals decision; unanimous opinion by Justice Prosser; case activity In a case of interest primarily, if not exclusively, to lawyers handling postconviction proceedings in state courts, the supreme court holds Burton’s plea withdrawal motion was insufficient to merit an evidentiary hearing because it… Read more

State v. Vicente Paul Vento, 2012AP1763-CR, District 1, 5/21/13; court of appeals decision (not recommended for publication); case activity Invoking its discretionary reversal power, the court of appeals holds Vento is entitled to a new trial in the interests of justice on the issue of his mental responsibility under Wis. Stat. § 971.15 because the trial court… Read more