Wisconsin supreme court decision; below: certification; for Wood: Kristin E. Lehker; for amicus, Disability Rights Watch: Kristin Kerschensteiner; Supp. App. Br.; Supp. Resp.; Supp. Reply Due Process Challenge to Statute ¶13 A party may challenge a law or government action as being unconstitutional on its face. Under such a challenge, the challenger must show that the law cannot… Read more
G. Sec. 971.17, NGI
State v. Paul A. Wilinski, 2008 WI App 170 For Wilinski: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶11 Wisconsin courts have not yet articulated the standard for reviewing a circuit court’s order for commitment under Wis. Stat. § 971.17(3)(a). The State proposes that courts should review such orders under a sufficiency of the evidence standard… Read more
State v. Paul A. Wilinski, 2008 WI App 170 For Wilinski: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: NGI commitment to institutional care supported by the evidence, in that The nature of the offense itself (violent assault coupled with threat to kill) supported a finding of significant risk of harm if Wilinski were released (¶13); Wilinski… Read more
State v. Jennifer F. Francis, 2005 WI App 161 For Francis: Hans P. Koesser Issue: Whether the trial court must engage the defendant in a personal colloquy before allowing an NGI plea, § 971.06(1)(d), to be abandoned. Holding: Because an NGI plea is not a constitutional or otherwise fundamental right, a personal colloquy with the defendant isn’t… Read more
State v. Richard A. Devore, 2004 WI App 87, PFR filed 4/21/04 For Devore: Catherine M. Canright Issue/Holding: ¶1 Richard Devore appeals an order denying his motion to be transferred to Minnesota under the Interstate Compact on Mental Health, WIS. STAT. § 51.75. He contends the circuit court erred when it concluded that, as a matter of… Read more
State v. George Schertz, 2002 WI App 289 For Schertz: Barbara A. Cadwell Issue/Holding: The provision in § 971.17(3)(e) for hearing within 30 days a petition for revocation of NGI conditional release is directory, not mandatory. ¶¶7-14… Read more
State v. James G. Langenbach, 2001 WI App 222 For Langenbach: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether the state may call a defendant to testify, as an adverse witness, at Phase II of an NGI trial, following Phase I guilty plea. Holding: A guilty plea doesn’t necessarily result in loss of fifth amendment… Read more
State v. Thomas Wenk, 2001 WI App 268, PFR filed 10/31/01 For Wenk: Michael K. Gould, SPD, Milwaukee Appellate Issue: Whether trial court denial of a petition for conditional release from an NGI commitment was an erroneous exercise of discretion. Holding: Although the state expressed doubt that it had met its burden of proof, the trial… Read more
