On Point: G. Sec. 971.17, NGI

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 a precondition to withdrawal of the plea, ¶¶15-22.

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 law, § 51.75 did not apply to individuals found not guilty by reason of mental disease or defect (NGI) in accord with WIS.

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.

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 rights: The privilege continues at least until sentencing, ¶9; moreover, the privilege continues during the direct appeal,

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,

State v. James H. Oswald, 2000 WI App 3, 232 Wis.2d 103, 606 N.W.2d 238
For Oswald: James L. Fullin, Jr., SPD, Madison Appellate

Issue: Whether the trial court improperly precluded Oswald from raising an NGI plea.

Holding:

¶ 49. The decision whether to grant a defendant’s motion to change his or her plea from “not guilty” to “not guilty by reason of mental disease or defect”

State v. Alan Adin Randall, 222 Wis. 2d 53, 586 N.W.2d 318 (Ct. App. 1998)
For Randall: Waring Fincke

Issue/Holding: The trial court properly rejected requested instruction that the State must prove “a level of present danger which cannot be managed safely in the community under any set of reasonable conditions,” and instead properly gave an instruciton that the State must prove that “Randall cannot be safely discharged or released without [sic] a danger to himsel for others.”

State v. Alan Adin Randall, 222 Wis. 2d 53, 586 N.W.2d 318 (Ct. App. 1998)
For Randall: Waring Fincke

Issue/Holding:

Randall proposed to ask the jury, “Is there any medical justification for the Petitioner’s continued confinement at the Winnebago Mental Health Institute or any other in-patient mental health facility?” The trial court, holding that the State did not have to prove a therapeutic justification, refused to submit the requested instruction.

State v. Alan Adin Randall, 222 Wis. 2d 53, 586 N.W.2d 318 (Ct. App. 1998)
For Randall: Waring Fincke

Issue/Holding: Evidence was sufficient to support the jury’s verdict that Randall not be released, based largely on the cicrcumstances of his crime.