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C. Burden of proof

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

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State v. Raytrell K. Fitzgerald, 2018AP1296-CR, petition for bypass granted 12/12/18, circuit court order vacated, 2019 WI 69; case activity (including briefs) Issues: Whether the involuntary medication provisions of Wis. Stat. §971.14 are unconstitutional because they do not comport with Sell v. United States, 539 U.S. 166 (2003)? Whether the circuit court’s Order of Commitment… Read More

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State ex rel. Raytrell K. Fitzgerald v. Milwaukee County Circuit Court, 2018AP1214-W, petition for review of an Order Denying Supervisory Relief granted, 10/10/18, affirmed by an equally divided court, 2019 WI 69; case activity Issue: State v. Scott, 2018 WI 74, ¶43, 382 Wis. 2d 476, 914 N.W.2d 141 held that “involuntary medication orders are subject to an… Read More

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State v. Andre L. Scott, 2018 WI 74, 6/20/18, reversing a circuit court order on bypass, case activity (including briefs). Ruling 7-0 for the defendant, SCOW reversed a circuit court order requiring involuntary treatment to competency for postconviction proceedings because the circuit court failed to follow State v. Debra A.E., 188 Wis. 2d 111, 523… Read More

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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

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State v. Roddee W. Daniel, 2015 WI 44, 4/29/15, affirming and modifying a published court of appeals decision; opinion by Justice Bradley; case activity (including briefs) This opinion clarifies the procedure for determining the competency of a defendant during postconviction proceedings by holding that once the issue of a defendant’s competency has been raised, the state… Read More

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On review of a published court of appeals decision; case activity Issue (adapted from Daniel’s PFR): 1. Under Wisconsin law, should the defendant bear the burden of proving incompetency? If so, is it by clear and convincing evidence or by a preponderance of the evidence? 2. When postconviction counsel questions the defendant’s competency, but the… Read More

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State v. Roddee W. Daniel, 2014 WI App 46, petition for review granted 9/18/14, modified and affirmed, 2015 WI 44; case activity When postconviction counsel questions a defendant’s competency to understand his or her § 809.30 appellate rights or ability to effectively communicate with counsel but the defendant asserts he or she is competent, defense counsel… Read More

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