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F. Sec. 971.17, NGI

State v. Christopher W. Yakich, 2022 WI 8, 2/16/22, affirming an unpublished court of appeals decision; case activity (including briefs) When a defendant is found not guilty by reason of mental disease or defect (NGI) for more than one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State v. Christopher W. Yakich, 2019AP1832-CR & 2019AP1833-CR, petition for review of an unpublished decision of the court of appeals granted 6/16/21; case activity (including briefs) Issue Presented (from the PFR): When a defendant has been found not guilty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State v. Christopher W. Yakich, 2019AP1832-CR & 2019AP1833-CR, District 4, 1/14/21 (not recommended for publication), petition for review granted, 6/16/21; affirmed, 2022 WI 8; case activity (including briefs) A defendant who is found not guilty by reasons of mental disease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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State v. Justice G. Armstead, 2017AP1586-CR, 5/30/18, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) Armstead pled NGI to 2 misdemeanors, pursuant to §971.16. The court ordered his conditional release into the community for 6 months, along with involuntary medications. Five months into the order, Armstead filed a motion for postdisposition relief … Read more

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Or can you? Yesterday’s NYT Magazine featured an in-depth article on what happens to a people after they plead not guilty by reason of insanity. If you like horror stories, click here.  The author says that in 2015 he began seeking data on length-of-stay and legal status for people who have been institutionalized in every… Read more

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State v. Bruce C. Brenizer, 2015AP2181, District 3, 6/6/17 (not recommended for publication); case activity (including select briefs) The Department of Health Services didn’t have authority to transfer Brenizer to the Department of Corrections because the circuit court’s commitment order unambiguously states that Brenizer is committed to DHS custody for life unless his custody is terminated… Read more

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