On Point blog, page 7 of 7
NGI: Sufficiency of Evidence, Denial of Petition for Conditional Release
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 court was free to disregard that view. And, although the experts recommended release upon certain conditions,
Guardianship/Protective Placement: Waiver of Conflict of Interest by Person Adjudicated Incompetent
Guerrero v. Cavey, 2000 WI App 203, 238 Wis.2d 449, 617 N.W.2d 849
Issue: Whether a person adjudicated incompetent may waive her attorney’s conflict of interest.
Holding: Because the client’s understanding of the attorney’s potentially divided loyalty is a necessary component of waiver of a conflict, and because no claim is made that the circuit court erred in finding the mother to be incompetent, she was,