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5. Regaining competency

State v. Wilson P. Anderson, 2023 WI 44, 6/2/23, summarily reversing an unpublished court of appeals decision; 2020AP819; case activity (including briefs) As we’ve noted previously, the court of appeals (in the person of a single judge in District 1) decided this case shortly after the same court (by a three-judge panel of District 4)… Read more


State v. Joseph G. Green, 2020AP298-CR, petition for review granted 6/16/21, case activity (including briefs) Issue (from the State’s petition): Does a circuit court have authority to order tolling of the 12-month statutory time limit for bringing an incompetent criminal defendant to trial competency? When a circuit court declares a defendant incompetent to proceed with… Read more


State v. A.L., 2017 WI App 72, petition for review granted 6/11/18, affirmed, 2019 WI 20; case activity; review granted 6/11/18 The court of appeals holds that § 938.30(5) permits a juvenile court to order the re-evaluation of competency of a juvenile previously found not competent to proceed even though the juvenile was also found not likely to… Read more

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Competency: Discharge / Reevaluation

State v. Keith M. Carey , 2004 WI App 83, PFR filed 4/22/04 For Carey: Paul LaZotte, SPD, Madison Appellate Issue/Holding: ¶10. Pursuant to Wis. Stat. § 971.14(5)(a), if the court finds that a defendant is not competent, but is likely to become competent, it may commit the defendant to the custody of the department of… Read more