Follow Us

Facebooktwitterrss
≡ Menu

3. 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

{ 0 comments }

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

{ 0 comments }

Competency: Burden of Proof

State v. Leo E. Wanta, 224 Wis.2d 679, 592 N.W.2d 645 (Ct. App. 1999) For Wanta: James M. Shellow HOLDING: Wanta argues that Wis. Stat. § 971.14(4)(b) is unconstitutional, because it requires proof of incompetence by clear and convincing evidence when the defendant claims that s/he is competent (vs. proof of competency by mere greater… Read more

{ 0 comments }