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J. Standard of review of competency decision

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


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


State v. Maurice C. Hall, 2013AP209-CR, District 1, 10/15/13; court of appeals decision (not recommended for publication); case activity A competency evaluation found Hall competent to proceed, though his mental health history caused Deborah Collins, the examiner, to “urge court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