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G. Sec. 971.17, NGI

Graham L. Stowe v. Gregory Van Rybroek, 18-CV-400-wmc (W.D. Wis. 11/6/23). Having recently prevailed on a judicial bias claim in state court, Stowe makes a return appearance to the blog on his 2018 federal habeas petition. Unfortunately, the Western District of Wisconsin denied the petition, which had been pending for close 5 years. The petition… Read more

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Milwaukee County v. D.H., 2022AP1402, 3/7/23, District 1 (1-judge opinion, ineligible for publication); case activity To obtain an involuntary medication order, a county must satisfy the multi-step test for incompetency to make medication decisions in §51.61(1)(g)4. The first step requires the county to prove that the person received a “reasonable explanation” of the advantages, disadvantages… Read more

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State v. Graham L. Stowe, 2021AP431-CR, District 3, 02/17/23 (not recommended for publication); case activity (including briefs) Graham Stowe was found NGI in 2005 and committed to the Department of Health and Family Services for 39 years and 6 months. Between 2007 and 2019, Stowe filed 10 petitions for conditional release. The same circuit court… Read more

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State v. Christopher W. Yakich, 2022 WI 8, 2/16/22, affirming an unpublished court of appeals decision; case activity (including briefs) When a defendant is found not guilty by reason of mental disease or defect (NGI) for more than one offense, the commitments for the offenses may be ordered to run consecutively. As we explained in… Read more

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State v. Christopher W. Yakich, 2019AP1832-CR & 2019AP1833-CR, petition for review of an unpublished decision of the court of appeals granted 6/16/21; case activity (including briefs) Issue Presented (from the PFR): When a defendant has been found not guilty by reason of mental disease or defect in two separate cases and is subject to two… Read more

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State v. Christopher W. Yakich, 2019AP1832-CR & 2019AP1833-CR, District 4, 1/14/21 (not recommended for publication), petition for review granted, 6/16/21; affirmed, 2022 WI 8; case activity (including briefs) A defendant who is found not guilty by reasons of mental disease or defect (NGI) of a crime may be committed under § 971.17 for the maximum… Read more

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State v. Larry W. Olson, 2019 WI App 61; case activity (including briefs) Olson and the state resolved some felony counts with an agreement that he’d plead not guilty by reason of mental disease or defect. The court found him NGI and committed him for 19 years, placing him on conditional release immediately. A few… Read more

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Kahler v. Kansas, USSC No. 18-6135, certiorari granted 3/18/19 Question presented: Do the Eighth and Fourteenth Amendments permit a state to abolish the insanity defense? Decision below; USSC docket; Scotusblog page As Scotusblog explains, Kahler was convicted of killing his, wife, kids, and his wife’s grandmother, and he was sentenced to death. His lawyers argued… Read more

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