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10. Standard of review

State v. Lance L. Black, 2019AP592, 3/3/20, District 1 (not recommended for publication); case activity (including briefs) Black’s first trial ended in a hung jury.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

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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

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State v. Jimmie Lee Smith, 2014 WI App 98, petition for review granted 6/12/15; case activity If you’re working on a competency issue, read this decision.  Neither the trial court nor defense counsel raised the subject of Smith’s competency at the time of trial.  And Smith had not received a pre-trial competency exam. That’s why… Read more

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State v. Maurice C. Hall, 2013AP209-CR, District 1, 10/15/13; court of appeals decision (not recommended for publication); case activity A competency evaluation found Hall competent to proceed, though his mental health history caused Deborah Collins, the examiner, to “urge court officers to remain sensitive in the event of any significant changes in his overall mental… Read more

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