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B. For appeal

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. 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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